Cannabis dealers and knife-thugs to escape jail
Posted: Tue 13th May 2008 05:00 pm
Cannabis dealers and knife-thugs to escape jail
Cannabis dealers will escape jail, despite Gordon Brown's decision to reclassify the drug, it emerged last night. The U-turn was supposed to signal tougher punishments for those who flout the law. But, under papers issued by the Sentencing Guidelines Council yesterday, magistrates will still be advised that a community order may be satisfactory for those who push Class B substances, the new grade for cannabis.
This is despite the maximum penalty being a 14-year prison sentence.
The SGC, headed by Lord Chief Justice Lord Phillips, is also advising magistrates they can give community punishments to yobs who carry knives or imitation firearms. The Government has promised tough punishments for thugs who carry blades in public, following a series of fatal stabbings involving young people. The maximum penalty was recently increased from two to four years. But, under guidelines sent by the SGC to the country's 30,000 magistrates, they say a fine or community penalty will be sufficient if there was no intention to cause fear.
Even when a knife was brandished in a dangerous way, a high-level community penalty could suffice, although it would normally carry a six-week jail term.
A mitigating factor could be that the knife is only being carried on a "temporary basis". For imitation firearms - also the subject of recent Government crackdowns - a tough community punishment is considered the starting point. Mitigating factors, such as the weapon not being in sight, could reduce this even further.
The SGC has set down, for the first time in four years, a range of sentencing options for every crime which can be dealt with at a magistrates' court. The most controversial is likely to be that covering Class B drugs, given the decision to reclassify cannabis was announced only last week. It had been downgraded by Labour in 2004.
The rules say cannabis users who grow their own plants and occasionally provide marijuana to their friends could be let off with a fine or community punishment.
Those who supply larger amounts of cannabis or other drugs to share with a small circle of friends could also escape with a community penalty.
Tory justice spokesman Nick Herbert said: "Once again we see mixed messages going out about drugs.
"Just as the Government finally admits that they got it wrong when they lowered the classification of cannabis, these guidelines would see most dealers receive weak and often poorly enforced community sentences."
Source
Cannabis dealers will escape jail, despite Gordon Brown's decision to reclassify the drug, it emerged last night. The U-turn was supposed to signal tougher punishments for those who flout the law. But, under papers issued by the Sentencing Guidelines Council yesterday, magistrates will still be advised that a community order may be satisfactory for those who push Class B substances, the new grade for cannabis.
This is despite the maximum penalty being a 14-year prison sentence.
The SGC, headed by Lord Chief Justice Lord Phillips, is also advising magistrates they can give community punishments to yobs who carry knives or imitation firearms. The Government has promised tough punishments for thugs who carry blades in public, following a series of fatal stabbings involving young people. The maximum penalty was recently increased from two to four years. But, under guidelines sent by the SGC to the country's 30,000 magistrates, they say a fine or community penalty will be sufficient if there was no intention to cause fear.
Even when a knife was brandished in a dangerous way, a high-level community penalty could suffice, although it would normally carry a six-week jail term.
A mitigating factor could be that the knife is only being carried on a "temporary basis". For imitation firearms - also the subject of recent Government crackdowns - a tough community punishment is considered the starting point. Mitigating factors, such as the weapon not being in sight, could reduce this even further.
The SGC has set down, for the first time in four years, a range of sentencing options for every crime which can be dealt with at a magistrates' court. The most controversial is likely to be that covering Class B drugs, given the decision to reclassify cannabis was announced only last week. It had been downgraded by Labour in 2004.
The rules say cannabis users who grow their own plants and occasionally provide marijuana to their friends could be let off with a fine or community punishment.
Those who supply larger amounts of cannabis or other drugs to share with a small circle of friends could also escape with a community penalty.
Tory justice spokesman Nick Herbert said: "Once again we see mixed messages going out about drugs.
"Just as the Government finally admits that they got it wrong when they lowered the classification of cannabis, these guidelines would see most dealers receive weak and often poorly enforced community sentences."
Source