Procedure Author: David Briscoe

Not Protectively Marked FORCE PROCEDURES

Cannabis Warnings

Procedure Reference Number: 2011.14

Procedure Author: David Briscoe Department of Criminal Justice and Custody

Procedure Review Date: May 2017

At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements.

Sign and date

…………………………………… (Author(s))

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1. Responsibilities...... 2

2. Guidance...... 3

3. Procedure Aim...... 6

4. Appeals...... 7

5. Review...... 7

1.Responsibilities

1.1 That the guidance and procedures relating to the roles and responsibilities of police officers and police staff contained within Section 2 of this document, are Constabulary Policy.

1.2The purpose of this document is to provide guidance to officers dealing with offences of simple possession of cannabis by adult offenders to ensure that there is a consistent approach across the force area. S.5(2) and Schedule 4 Misuse of Drugs Act 1971.

1.3 Unlawful possession of cannabis is a recordable offence and the administration of a Cannabis Warning will be recorded on Niche and treated as a ‘sanction detection’.

1.4 When deciding on the disposal for possession of cannabis, officers should consider the nature and seriousness of the offence, taking into account any aggravating factors. Operational discretion should be used and either issue a Cannabis Warning, Penalty Notice for Disorder (PND) or arrest as appropriate.

1.5 The officer issuing a Cannabis Warning will be responsible for the completion and submission of a Cannabis Warning form (form 200365) – See Appendix A. This form will be used by operational officers to record incidents of Cannabis Warnings to adult offenders, aged 18 or over (where appropriate - there is an escalation process of Cannabis Warning - Penalty Notice for Disorder - arrest). The form must be completed by officers whilst with the offender as a signature is required by the offender. Officers should therefore have these forms with them whilst on patrol as the offender must sign the form. The form is designed to negate the need for a stop and search form to be completed additionally. However, it is imperative that this form (or copy) reaches both the Crime Reviewer and the relevant Local Hub.

1.6A Cannabis Warning could be issued where appropriate either on the street or perhaps whilst in custody (it may be that the cannabis is discovered whilst the offender is being booked into custody for some unrelated matter).

Version 0.2 Not Protectively Marked 2 Not Protectively Marked 1.7 Basic Command Unit Commanders / Heads of Operational Departments will ensure that their officers / staff have available to them the necessary forms and equipment to follow this procedure.

1.8 The Constabulary is committed to ensuring the health and safety of all staff. It is both the responsibility of supervisors and the officer concerned, involved in any drug search, to ensure that they are in possession of the necessary equipment.

1.9 Crime Reviewers will ensure that force and national crime recording standards are adhered to.

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2.1 This procedure is applicable to persons who have attained the age of eighteen years. (Adults only).

2.2 Diverting less serious offences away from the criminal justice system, allows for the individual to take into consideration their actions and responsibilities and can help to reduce the chances of re-offending.

2.3 It is important that, in applying this escalation policy, officers retain their operational discretion albeit arrest should remain the first presumption, taking into account all relevant circumstances and Serious Organised Crime and Police Act 2005 (SOCAP) necessity criteria.

2.4 When dealing with an offence of possession of cannabis for personal use, an officer will have three options:

 Stage 1. Cannabis warning F200365  Stage 2. Issue a £90 Penalty Notice for Disorder (PND)  Stage 3. Arrest

2.5 Aggravating Factors – If the offender is under 18 years of age OR any of the following factors apply, then do not use Stage 1 or Stage 2. (see also 2.8.2 and 2.8.3 below).

a) Public Place or View: The smoking of cannabis in a public place or within public view is unacceptable. b) Locally Identified Policing Problem: This may include a disorder 'hotspot' or any area designated by a Basic Command Unit commander. Also, consider carefully where offender is driving / in charge of a motor vehicle. c) Protecting Young People: The smoking or possession of cannabis near to schools, youth clubs or play areas. d) Impact on the Offender: Would Stages I or 2 (outlined below) have a positive impact or benefit on the offender, would they take heed of Stage 1 or 2 or does their previous offending behaviour show that they have little regard for the law. Version 0.2 Not Protectively Marked 3 Not Protectively Marked

Stages 1 and 2 apply ONLY to offenders of age 18 years and older. They do not apply to youth offenders.

2.6 Stage 1: Cannabis Warning.

This can be given if the following applies:

 Offender has made a clear & reliable admission to possession (commensurate with personal use – Pace compliant)  No previous relevant convictions (check PNC)  No previous record of a Cannabis Warning (check Niche)  No previous record of a Penalty Notice for Disorder (PND) for cannabis possession being issued (check PNC & Niche)  Not a persistent offender  No aggravating factors  Offender compliant

Local Instructions for Cannabis Warnings:

 Investigate circumstances surrounding the alleged possession including any lawful excuse.  Eliminate any suspicion of a more serious offence i.e. cultivation of cannabis or possession with intent to supply.  Seize the cannabis and secure evidence. It must not be disposed of at the scene.  Identify substance as cannabis. If the officer is not experienced in handling cannabis or is in any doubt as to the nature of the substance, they should call for the assistance of an officer with relevant experience.  Ensure that the identity of the offender is established and intelligence checks have been carried out and establish whether the person has had a previous Cannabis Warning. Check for Niche Warning Flags. Any record of previous Cannabis Warnings issued before 26th January 2009 will not be counted.  Complete form 200365.The form must be completed by officers whilst with the offender as a signature is required by the offender. Officers should therefore have these forms with them whilst on patrol. The offender must sign the form. The form is designed to negate the need for a stop and search form to be completed additionally. However, it is imperative that this form (or copy) reaches both the Crime Reviewer / relevant Local Hub – Cannabis Warning Flag to be added to offender’s Niche record.  Remember that a Cannabis Warning may also be appropriate (where criteria applies) to a person found to be in possession of a small amount of cannabis (for personal use) whilst in custody i.e. being booked into custody for an unrelated offence.  Record that offender has been formally warned for their possession into pocket note book (PNB).  Record the offence as a detected crime onto Niche showing the disposal of 'cannabis warning.'  Enter and record the seizure of the cannabis into the Local Hub safe.  Submit a 451 intelligence report.

Version 0.2 Not Protectively Marked 4 Not Protectively Marked  Stop and Search form (if applicable).  Where Cannabis Warning is at Custody Suite – entry on Custody Record.

Note: There is no requirement to complete a Phoenix Source Document for a Cannabis Warning

2.7 Stage 2: £90 Penalty Notice for Disorder (PND)

If the offender has received a previous Cannabis Warning, the officer should escalate to the issue of a Penalty Notice for Disorder (PND) or to arrest if appropriate. An officer can issue a PND to an offender even though they have not received a cannabis warning if circumstances dictate. The powers for police to issue a PND for this offence have been authorised and came into effect on Wednesday 28th January 2009. If officers use this power and issue a PND for simple possession of cannabis / cannabis resin (Contrary to Sec 5(2) & Schedule 4 of the Misuse of Drugs Act 1971) they must use the Penalty Notice for Disorder code of DA22 and the £90 penalty.

Local instructions for Penalty Notice for Disorder issue:

 As for cannabis warning (see above & check for previous Warning or PND)… but in addition...  Obtain DNA sample using mouth swab (street issue only)  Obtain DNA, fingerprints and photograph (custody issue)  Compete Phoenix Source Document  Comply with Penalty Notice for Disorder issue guidelines

Ensure the fully completed and signed (by offender) PND for cannabis possession is submitted through Supervision to your Local Hub – PND Warning Flag to be added to offender’s Niche record.

2.8 Stage 3: Arrest

2.8.1 If the offender has already received one Penalty Notice for Disorder for cannabis possession on a previous occasion, then the only option should be to arrest if the Serious Organised Crime and Police Act 2005 (SOCAP) necessity criteria are met. In addition, an officer may use operational discretion to decide that although the offender has never received a Cannabis Warning or a previous Penalty Notice for Disorder, due to the circumstances they can immediately escalate to arrest. If an arrest is deemed appropriate then the Serious Organised Crime and Police Act 2005 (SOCAP) arrest conditions must be applied. Even though an arrest is made, an out-of-court disposal from custody can still be chosen, such as a caution, conditional caution or a Penalty Notice for Disorder (PND). However, an offender must not receive two PND’s for possession of cannabis.

2.8.2 Persons under 18 years may be considered for an out-of-court disposal (youth caution or youth conditional caution) or a prosecution. This does not mean, however, that officers have to arrest persons under 18 in order to seize the

Version 0.2 Not Protectively Marked 5 Not Protectively Marked cannabis. Officers could establish the identity of the offender and either take them home or arrange for them to be at a non designated police station with an appropriate adult at a later date. At this time the process would be recorded into the voluntary attendance system / 'Green Book' and allows for the relevant out-of-court disposal or prosecution process to be commenced. Officers to consult their local Youth Offender Team (YOT).

2.8.3 Adults are eligible to receive cannabis warnings which results in a local recording of the offence, but not a conviction. Young people are not eligible for Cannabis Warnings and therefore their offence could result in an escalation to a youth caution or youth conditional caution which is recorded as a criminal record. One option, where appropriate, is to use Restorative Justice (RJ) with youths for cannabis possession in situations where you would issue a Cannabis Warning if the offender was of an appropriate age. Consider use of Drug Alcohol Action Team teams and Youth Offending Teams. See 2.8.5 below.

2.8.4 However, if that is not possible or the identity of the offender is uncertain then the officer would have no difficulty justifying that an arrest is necessary in those cases.

2.8.5 This procedure document is complying with national guidance. The author is aware of the new public sector equality duty under the Equality Act 2010 which came into force on 6th April 2011, aiming to tackle discrimination and inequality. This legislation will require us to:

 eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;  advance equality of opportunity between people from different groups; and  foster good relations between people from different groups.

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3. Procedure Aim

3.1 Cheshire Constabulary is committed to responding efficiently and effectively to all reports of crime and to the provision of a fair and equal service to all. In support of this, we will maintain a system for the administration of Cannabis Warnings to adult offenders in appropriate cases.

3.2 This document aims to introduce clear directives and guidance to ensure that Cannabis Warnings are administered efficiently and effectively in order to:

 Deal quickly and simply with less serious offences  Divert unnecessary appearances in the criminal courts  Reduce the chances of re-offending  Make a positive contribution towards the effectiveness of the criminal justice system, by freeing up resources and thereby reduce the fear of crime and disorder; and  Optimise the number of offences brought to justice Version 0.2 Not Protectively Marked 6 Not Protectively Marked

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4.1 In respect of internal grievance of the existing management structure of the force and the formal grievance procedures together with an appeals facility/right to make representation will cater for any such issues. As regards external complaints civil remedies are available with appellate facilities in addition to an individual's rights under the Police Complaints and Misconduct Procedures under the guardianship of the Independent Police Complaints Commission (IPCC).

4.2 Persons affected by the exercise of powers, directives or actions under this document have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or non- judicial processes (e.g. internal management, grievance or police complaint procedures).

4.3 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Or the person may rely on the Convention right or rights concerned in any legal proceedings if they are a victim (or would be) of the alleged unlawful act. Click Here to Return to Index 5. Review

5.1 This procedure will be reviewed every two years to consider:

 Its effectiveness in the business area concerned  Any changes to legislation  Challenges to the procedure  Any identified inefficiencies in relation to implementation  Impact on diversity and equality (High/Medium/Low on the Race Diversity Impact Assessment Template)

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Version Date Status Authorised 0.2 21/09/10

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