On the spot fines for people caught with cannabis will undermine all the hard work in having the drug reclassified later this month, magistrates have warned.

By Tom Whitehead, Home Affairs Editor
Last Updated: 8:09PM GMT 13 Jan 2009

The proposed power for police to use once the drug is returned to Class B sends out an “unacceptable signal”, according to the Magistrates Association.

It is part of a wider criticism over plans to add 21 more offences to a list of those eligible for an on the spot fine, fuelling fresh accusations of soft justice under Labour.

The Association met with Justice Secretary Jack Straw to raise their concerns over the “inappropriate use” of such fines.

It warned there are numerous examples of them being handed out for serious and repeated offences which “must have a grave impact on public confidence”.

Cannabis will officially move from Class C to Class B on January 26 after the Home Office announced the U-turn last year amid concerns over the health risk of some forms, such as skunk.

Possession of Class B drugs, which include more dangerous drugs such as amphetamines, carries a maximum five-year term and an unlimited fine.

But Jacqui Smith, the Home Secretary, said someone would have to be caught three times in possession before facing the prospect of being arrested and charged.

First time offenders would be handed a warning and those caught a second time would be fined £80, she said.

Cannabis possession is among 21 offences the Government will propose be included as eligible for a penalty notice for disorder (PND), which can be handed out on the spot and mean an offender avoids the shame of having to go to court.

The list, which also includes threats to damage property, unacceptable behaviour on the railway and making off without payment, will be put to Parliament on January 26, after which MPs will debate the plans.

But a statement from the Magistrates’ Association said: “The inclusion of the possession of cannabis in the current list must raise particular concerns given that cannabis has only just been reclassified from a Class C to a Class B drug.

“The singling-out of possession of cannabis for disposal through a PND sets it aside from the other Class B drugs and sends an unacceptable signal to those who use it.

“The significant campaign by the Magistrates’ Association and other agencies to reclassify the drug will be undermined if this is implemented.”

The drug was downgraded by Tony Blair in 2004, but fears over the increased use of stronger “skunk” strains by young people prompted a policy review and about-turn last year.

Shadow Justice Secretary Nick Herbert said: “Handing out the equivalent of a parking ticket for cannabis possession makes a mockery of restoring cannabis to a class B status and effectively amounts to a downgrading of the drug by stealth.

“What the Government calls ’summary justice’ is too often actually soft justice. It sends the wrong message to offenders, sidelines magistrates and lets down the victims of crime.”

The Magistrates Association also warned less than half of on-the-spot fines are ever paid and means victims lose the chance of being compensated by the courts.

A threat to damage property could be “very serious” and should warrant a community penalty, it said.

A Ministry of Justice spokeswoman said: “PNDs were introduced as part of the Government’s strategy to tackle low level anti-social and nuisance behaviour. They enable the police to deliver swift and effective justice for lower level criminality, freeing up the courts and police to concentrate on more serious offences.”

Source: http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/4229865/On-the-spot-fines-for-cannabis-are-unacceptable—Magistrates.html