[Contents]
[Chapter 6][Chapter
8]
In the seventies, there was concern about a new type of drug,
hallucinogenic amphetamines such as MDA and MDMA, which had not
yet reached Britain. With a tradition of being more prohibitive
than other countries, the British government tried to forestall
trouble by classifying the entire chemical family as Class A
drugs; the most restrictive category carrying the highest
penalties. This was effected through the Misuse of Drugs Act 1971
(Modification) Order 1977 (SI Number 1243). So, although
prohibition dates from 1977, MDMA is a controlled drug under
Class A of the Misuse of Drugs Act 1971. Class A includes all
compounds structurally derived from an
N-alkyl-a-methylphenethylamine by substitution in the ring with
an alkylenedioxy substituent, and this includes MDMA and its
salts. Parliament may move drugs to other classes after
consultation with or on the recommendation of the Advisory
Council on the Misuse of Drugs, whose purpose is to keep under
review the situation in the United Kingdom.
The British government is a signatory to the International
Convention on Psychotropic Substances which requires member
nations to make laws to control specified drugs. In spite of
objections from the chairman of the Expert Committee, the
Convention issued a directive to outlaw MDMA in 1985, but
"urged countries to use the provisions of article 7 of the
Convention on Psychotropic Substances to facilitate research on
this interesting substance."(15) Although the British
law against MDMA was made before this, the Act does allow for
Class A drugs to be used for research.(87)
The maximum penalties that may be passed by any court for
drugs offences are set through legislation. Courts have a wide
discretion on what penalty to impose provided that they do not
exceed the maximum. They must act judiciously and not
arbitrarily, and they must take note of the Court of Appeal's
guidelines. It may be possible in practice to persuade a court to
pass a lighter sentence for an offence involving MDMA than the
court would have passed had a quantity of heroin of the same
value been involved, but the Court of Appeal has always held that
no distinction should be drawn between the various types of Class
A drug, it being for Parliament (as advised by the Advisory
Council on the Misuse of Drugs) and not the courts to classify
drugs.
For offences involving Class A drugs, the maximum penalties are
as follows:
1. Life Imprisonment and/or unlimited fine for production,
supply, offering to supply and possessing with intent to supply
besides confiscation of assets (except for assets that you can
prove were not the result of supplying drugs).
2. Fourteen years imprisonment for allowing premises to be used
for producing or for unlawful prescribing
3. Seven years for possession.
For any of these offences, the Crown Court has power to impose an
unlimited fine in addition to or as well as imprisonment. If a
magistrates' court hears the case, the maximum is six months'
imprisonment and/or a fine of up to #5,000 for any offence in
relation to Class A drugs.
All courts have power to impose sentences such as community
service or probation instead.
The Court of Appeal's guidelines (as laid down in the Aramah and
Bilinski cases) for offences other than simple possession
involving Class A drugs are, briefly:
1. Fourteen years for importation involving a street value of
over #1m
2. Ten years for importation where the street value is between
#100,000 and #1m
3. Four years for the importation of any appreciable amount
4. There may be a considerable reduction in penalty if there is a
confession of guilt coupled with considerable assistance to the
police
5. Three or more years imprisonment for supply.
The Magistrates' Association sentencing guidelines suggest a fine
of 30 units for possession of a small amount of a Class A drug in
contrast to a Guidelines fine of 4 units for the possession of a
Class B drug. The value of a unit depends on the offender's means
and can be between #4 and #100. 30 units represents a fine of
between #120 and #3,000. When someone is found in possession of
more than a "small amount" of a drug (which is not
defined), the guidelines recommend a community sentence, custody
or committal to the Crown Court for sentence.
Precursors (chemicals that may be used to make MDMA) are
controlled under section 12 of the Criminal Justice
(International Co-operation) Act 1990 which was enacted following
the signing of the Vienna Convention Against Illicit Traffic in
Narcotic and Psychotropic Substances. This makes it an offence to
manufacture or supply a scheduled substance knowing or suspecting
it to be used in the unlawful production of a controlled drug.
The maximum penalty for this offence is 14 years imprisonment.
The way you will be treated for a drug offence depends on
whether you are considered to be a dealer or carrying drugs for
your own use. Dealers are charged with 'supply' or with
'possession with intent to supply' while users are charged with
'possession'. However, you will be considered to be a dealer, and
charged with supply, if you pass on drugs to other people. It
makes no difference whether you have made a profit, or if other
people asked you to obtain the drugs for them. Even a gift to a
friend of a single tab of Ecstasy makes you guilty of 'supply'.
The fact that MDMA is a Class A drug means that you will probably
be given a higher sentence than you would for a Class B drug such
as amphetamine - particularly if you are accused of dealing.
If you are caught by the police with one or two pills, what
happens to you depends very much on chance. The luckiest outcome
will be if the police happen to be overloaded or concentrating on
arresting a gang, when they may just confiscate the drugs and let
you go. Normally, they will arrest you and take you to the police
station. About half those arrested for possession are simply
cautioned(88) and let
go, and this is more likely to happen in a big city, particularly
London. You are also more likely to be cautioned if it is your
first offence, if you have nothing else of a suspicious nature on
you and if you look innocent. You can only be cautioned if you
admit the offence (such as that you were in possession of an
illegal drug).
In Scotland, cautions are seldom given, but, if found guilty of
possession of a small amount and you have no previous
convictions, you stand a good chance of 'admonishment' - no
penalty on this occasion, but more severe penalties on a further
offence.
Fines are applied following the unit system; the court first has
to decide on what fine to give in terms of a number of units,
then work out the fine according to your 'disposable income'.
However, a lot depends on luck, with small country courts giving
the highest penalties whereas elsewhere fines as low as #15 are
not uncommon. For second offences, the range is about #25 to #130
and increases with further previous offences. People caught with
other drugs on them or who have committed other offences are
likely to face heavier fines or imprisonment.
If you are charged with supply, your case will almost
certainly be heard at a Crown Court. Imprisonment is the usual
penalty on conviction unless your barrister persuades the court
that you are not a dealer but simply supplying friends. Sentences
vary from 18 months to 5 years in most cases; again, chance plays
a big part. Besides the quantity, being found with several
different kinds of drug or a lot of cash will go against you, so
will evidence that you were seen trying to sell drugs or that
someone suffered as a result. Image counts too - if the court
sees your trade as part of a ruthless operation rather than that
of a naive individual, then you are in trouble.
Do not resist, make notes of exactly what happens, and ask for
a solicitor. If you cannot make notes on paper, then memorise
events as best you can until you have the chance to write down
what happened.
The reason for making notes is that the police quite often make
mistakes in procedure which can be used to your advantage by your
solicitor. Resistance may be interpreted as implying guilt, and
you may also be charged for another offence.
Assistance from a solicitor is free to suspects held by the
police, but you may have to wait in a cell, sometimes for a long
time. The advantage is that a local solicitor will know the
police and will be able to give you the best advice. This is
particularly useful if the police are trying to strike a deal
with you.
This is quite common. A typical offer might run: "You
confess that the pills are Ecstasy, and I'll ask my supervisor to
caution you and that will be the end of it". The pledge will
usually be kept, but it has been known for suspects to be
double-crossed. Once you have confessed, the policeman may come
back and say, "Sorry, but my boss has decided to charge you
all the same". The underlying reason for this is that if you
confess, the police need not have the drug analysed, which can
take up to 3 months.(89)
Warrants. If the police arrive with a warrant, read it, ask
for a copy and note what they do on your premises. Don't resist,
the only way you can help yourself is to cooperate but object to
any incorrect procedure later. Search. The police must have
'reasonable cause' to search you, and that does not include the
mere fact you were in a place where drugs were on sale. Ask what
their reason is for searching you and note what they reply. If
the reason is not good enough, then the evidence so obtained
should not be used against you.
Searches may include a strip search.An 'intimate search' is only
admissible if there is reasonable cause to believe you are
supplying Class A drugs - intimate search is not allowed with
people who are suspected of possession. Possession suspects who
are subjected to an intimate search could charge the police with
assault, or with indecent assault if the police search the
genitals or anus. 'Intimate search' means looking inside any part
of the body, including the mouth and ears.
Blood and urine tests
You cannot be compelled to give samples except in traffic cases.
However, the fact you have refused to give a sample may be used
as evidence against you.
There is a trend towards giving cautions instead of
prosecuting for the possession of drugs; but this seems to be
mainly due to pressure on police testing facilities.(89) What is worrying is
that there still seems to be no recognition in Britain that MDMA
is far less dangerous than heroin, for instance, whereas in
Holland there has been a recommendation to move MDMA to a lower
category.(90)
Another worrying trend is that there is a movement within the
police to turn attention to users rather than dealers.(91) The idea - expressed
by Commander John O'Connor of the Metropolitan Police in a recent
report - that the policy of arresting dealers has failed and
should be replaced by a drive on arrests of users, would involve
thousands of arrests. It also conflicts with recommendations of
sociologists in the field.(33)
However, the lack of resources may prevent this from becoming
policy.
Raves, along with New Age Travellers, have come in for
particularly vindictive treatment, with some police forces
declaring: "Raves will not happen, legal or
otherwise."(171)
Concern about falling alcohol consumption and pub attendances by
young people may put pressure on the authorities to clamp down on
raves.(159)
I was also worried by the lack of interest in harm reduction on
the part of the policemen I interviewed. I feel that it would
earn the police a great deal more respect if they were seen to
show some caring for ravers instead of being seen as persecuting
them.
[Contents]
[Chapter 6][Chapter
8]
E for Ecstasy by Nicholas Saunders
HTMLized by Lamont Granquist (lamontg@u.washington.edu)