Pubdate: Tue, 17 Oct 2000
Source: News & Star (UK)
Copyright: 2000 News & Star
Contact:  Newspaper House, Dalston Road, Carlisle CA2 5UA
Fax: 594088
Website: http://www.news-and-star.co.uk/
Author: Victoria Brenan

CANNABIS: USE YOUR DISCRETION, PCs TOLD

ALL police officers have the power to exercise their own discretion when 
they come across cannabis offences, Cumbria's Chief Constable said today.

Responding to concerns from his force following his comments in last week's 
Cumberland News, Colin Phillips has e-mailed his officers to explain his 
stance.

Last week he told the Cumberland News he would do nothing if cannabis was 
smoked in front of him at a friend's house, and that he believed its 
legalisation was inevitable.

As the debate about legalisation rages on nationally, Mr Phillips has told 
his force that he cannot order them to arrest or otherwise, and they must 
make their own decisions based on factors at the time.

Mr Phillips's comments last week were picked up by the national media and 
put to the Prime Minister on Radio 4, but the Chief Constable has refused 
all other interviews, and spoken only to the News & Star and The Cumberland 
News.

He released the e-mail he has sent to his officers to the News & Star. In 
it he says: "In line with Government strategy, this force targets dealers 
and suppliers rather than users, and focuses of heroin and cocaine rather 
than cannabis.

"A person in possession of a small amount of cannabis for their own use is 
likely to be cautioned."

Mr Phillips said that in answering the question put to him about what he 
would do if he encountered cannabis in a social situation, he reflected 
force policies.

"I would use my discretion not to arrest in a social setting, when no 
complaint was made and no other offences were evident," he added.

"All officers have the power to exercise their own discretion in similar 
circumstances, I cannot order them to arrest or not.  They must make their 
own decision based on factors at the time."

His comments follow reported concerns from officers that their chief 
officer was advocating ignoring a criminal offence.  If they did the same, 
said one, they could face disciplinary proceedings.

Mr Phillips told the News & Star today:" I don't regret what I said in the 
original interview and I stand by it.

"What has angered me is the national media picking it up and reporting that 
I am in favour of decriminalisation.  I'm not at this moment in time.  If 
you ask me that question again in the future, that answer might be different."

A spokesman from the police Federation of England and wales said a police 
officer would not be facing disciplinary action if he or she failed to 
arrest someone using cannabis.