Glasgow drug pilot likely after Lord Advocate statement
A drug consumption room in Glasgow could soon become a reality, after the Lord Advocate announced new prosecution guidance that users of such facilities would not be prosecuted for simple possession offences.
In a statement, released with the text of a letter to the Scottish Parliament cross-committee on tackling drug deaths and drug harm, Dorothy Bain KC said: "On the basis of the information I have been provided, I would be prepared to publish a prosecution policy that it would not be in the public interest to prosecute drug users for simple possession offences committed within a pilot safer drugs consumption facility.
"I have not been asked to sign off or approve any facility and it would not be appropriate for me to do so. However, prosecution policy is for me alone to set and this policy, and the consequences which flow from it, have been considered deeply and thoroughly.
"The requested statement will not extend to any criminal offences other than possession of controlled substances, contrary to s 5(2) of the Misuse of Drugs Act 1971. It does not amount to an exclusion zone whereby a range of criminality is tolerated."
The move was welcomed by the Scottish Government. While emphasising that the move did not amount to a change in the law, Drugs and Alcohol Policy Minister Elena Whitham said: "Glasgow authorities may now progress their proposal to set up a facility which can operate within the existing legal framework. While the service would still be limited to some extent, due to the reserved Misuse of Drugs Act, we are confident it would save lives.
"This is not a silver bullet. But we know from evidence from more than 100 facilities worldwide that safer drug consumption facilities work. It is now time to see this approach piloted in Scotland.
"It’s vital this pilot has the full confidence of the general public as well as those who use the facility, and the leadership of Glasgow and Police Scotland will help ensure it is introduced as quickly as possible."
Plans for a pilot project, developed by Glasgow City Health & Social Care Partnership and Police Scotland, could be presented to the Glasgow City Integration Joint Board for approval at its next meeting later this month.
Ms Whitham added: "What this does do is allow us to help and support those individuals who are at the most risk of drug deaths in Scotland – people who are injecting in dirty alleyways at risk of transmitting HIV and other bloodborne viruses."
Drug control legislation is not devolved, and the Home Office in Westminster remains opposed to the idea, saying: "There is no safe way to take illegal drugs, which devastate lives, ruin families and damage communities and we have no plans to consider this." However Ms Whitham predicted that the UK Government "probably won't" challenge the decision, in the wake of a recommendation from the UK Home Affairs Committee that it should allow a pilot in Scotland.
The Lord Advocate's letter noted that the proposed Glasgow facility "would operate in an area where public injecting is already a significant issue and is intended to engage with those in that area, whom health and support services find most difficult to reach".
It continued: "Central to my consideration of the request has been the fact that the proposed facility would be co-located with other services which, taken together, may be able to offer a range of support and assistance to those consuming drugs. Further, although I am aware it is not the main aim of the proposed facility, my understanding is that the facility could, over time and in some cases, provide the necessary resources to assist those using the facility into recovery."
It was against that backdrop that she would be prepared to publish the indicated statement of prosecution policy, which "would represent an extension of the principles underpinning current policy in relation to diversion from prosecution".
Police Scotland Assistant Chief Constable Gary Ritchie made clear that the police would continue to uphold the la, commenting: "Police Scotland is committed to working in partnership to reduce the harm associated with problematic substance use and addiction.
"Our approach to any initiative aimed at tackling these harms will be to establish how best policing can support it within the confines of the law.
"It is important to note that existing legislation will not be changing and, while we may take an overall supportive policing approach, police officers will still be bound by their legal duty to uphold the law and will not be able to simply ignore acts of criminality which they see occurring."