editorial comment Antisocial Behaviour Order?????? Jesus God Almighty!

Yesterday the government unveiled the details of its new drugs bill, claiming the new measures were a direct response to voters' concerns and built on reforms to rebalance the criminal justice system in favour of law-abiding citizens and victims of crime. So what exactly does the bill contain? Debbie Andalo explains

Friday November 26, 2004

What is the drugs bill?
The bill is the latest attempt by the government, in particular the home secretary, David Blunkett, to get even tougher with drug dealers. It is also trying to direct more people who abuse drugs into treatment programmes.

When it is expected to become law?
There have already been reports that the government intends to make this bill a priority in the next parliamentary session, but the Home Office has not confirmed this.

Does the bill give the police any new powers ?
Yes. The law is being changed so that the police will have new powers to test individuals for drugs on arrest rather than, as currently happens, the point at which they are charged. The government hopes that by testing people in police custody earlier, more criminals who turn to crime to pay for their habit will be directed into treatment to curb their addiction.

How does the bill affect recreational drug users?
The bill is going to make life more difficult for recreational drug users. A presumption is being introduced in law which will mean if an individual is caught in possession of more drugs than is thought "reasonable" for personal use then it will be assumed that the person is in fact dealing drugs with the intention of supply and will potentially face a tougher sentence. The Home Office is currently working out the definition of "reasonable" and that will be subject to further legislation at a later date.

What will happen to those dealers who target young people?
They are going to face longer sentences than they do under the present law. At the moment the law does not distinguish between dealers who target young people and those who sell to an older audience. But in future, under the drugs bill, judges will take into account "aggravating" factors when deciding sentences for dealers who pedal near schools or who use school children as drug couriers. This means that these kind of dealers will be dealt with more harshly then they are today, although the maximum penalties for drug dealing have not been changed.

What about those people whose antisocial behaviour has its roots in drug abuse?
People who are subject to an antisocial behaviour order (Asbo) will be issued with a drug counselling order if it is considered that their poor behaviour has anything to do with drugs. Counselling will be compulsory and, like Asbos, a breach of the order will constitute a criminal offence. This a new measure introduced under the bill and may be issued as well as an Asbo.

So will a doctor decide whether a person served with an Asbo needs drugs counselling?
No. The decision is not going to be a clinical one and is nothing to do with medical assessment. Instead the police, probation officers or the person's own family are likely to be behind a drug counselling order being issued.

What will a judge or magistrate do in future if he or she considers that somebody charged with a drug offence has unreasonably refused an intimate search?
The refusal will count against that individual when they appear in court.

Are magistrates being given any other new powers?
Yes. At the moment they can give authority for customs officers to keep people in custody for up to 192 hours if they believe that the individual has swallowed drugs in secure packages in order to hide evidence. In future, these magistrates will be able to grant the same authority to police officers dealing with individuals already in the UK.

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