'Not in public interest' to prosecute drug users in consumption room - Lord Advocate
Dorothy Bain KC's statement comes amid growing calls for a safer consumption space to be piloted in Glasgow
Last updated 11th Sep 2023
The Lord Advocate has said it would “not be in the public interest” to prosecute drug users for possession offences committed within a pilot safer consumption facility.
Scotland’s most senior prosecutor, Dorothy Bain KC, said she had not been asked to "sign off or approve" such a facility.
But with calls growing for a safer drugs consumption room to be piloted in Glasgow, she stressed her role in setting the policy for prosecutions.
Ms Bain 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."
Her comments came after cross-party MPs in Westminster's Home Affairs Committee backed the establishment of a safe consumption room in Glasgow.
This could allow those struggling with addiction to safely take drugs under supervision from medical professionals, who could intervene in the event of an overdose.
The Scottish Government has repeatedly called for Holyrood to be given the powers to set up a pilot project as part of its efforts to tackle drugs deaths north of the border, where the rate is the highest in Europe, and has welcomed today’s statement from the Lord Advocate.
Scottish Government welcomes Lord Advocates position
In a statement Drugs and Alcohol Policy Minister Elena Whitham said: “I welcome the position the Lord Advocate has taken.
“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.
“Through our £250 million National Mission, we are doing everything within our powers to tackle drug deaths in Scotland. However, the number of deaths is still too high and we must use every means at our disposal as we face future challenges, including the increasing threat from synthetic opioids.”
Police Scotland officers still "bound by legal duty to uphold the law"
Assistant Chief Constable Gary Ritchie said:
“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.”
Susanne Millar, Chief Officer for Glasgow’s Health and Social Care Partnership, said:
“We welcome the position from the Lord Advocate and the positive response on plans for a Safer Drug Consumption Facility to operate in Glasgow. A large body of evidence already exists from around the world which demonstrates that Safer Drug Consumption Facilities can save lives, as well as reducing the spread of blood-borne viruses and cutting levels of publically discarded injecting equipment.”
Westminster policy remains a stumbling block for plans
However, the UK Government has consistently rejected pleas for such a facility, with a Home Office spokesperson saying recently: "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."
Ms Bain said: "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."
Her statement that prosecution would not be in the public interest "will not extend to any criminal offences other than possession of controlled substances", the Lord Advocate added, making clear "it does not amount to an exclusion zone whereby a range of criminality is tolerated".
She added: "Police Scotland have operational independence and it has been of the utmost importance to me to ensure that Police Scotland retain the ability to effectively police the facility and ensure that the wider community, those operating the site and those using the facility can be kept safe."
The Lord Advocate's statement comes after figures from the National Records of Scotland (NRS) showed there were a total of 1,051 deaths due to drug misuse in Scotland in 2022.
While this is down by 279 from the previous year, the NRS report made clear the rate of deaths is still "much higher" than it was when recording the data began in 1996.
With a rate of 19.8 drug misuse deaths for every 100,000 people in 2022, it has the highest drug death rate in Europe.