Pubdate: Sat, 03 Nov 2007 Source: Scotsman (UK) Copyright: 2007 The Scotsman Publications Ltd Contact: http://members.scotsman.com/contact.cfm Website: http://www.scotsman.com/ Details: http://www.mapinc.org/media/406 Author: John Robertson and Michael Howie Bookmark: http://www.mapinc.org/find?207 (Cannabis - United Kingdom) SCOTLAND 'NEEDS HEAVIER SENTENCES' TO DETER GROWTH OF CANNABIS FACTORIES THE country's senior judge warned yesterday of heavier sentences in Scotland than in England to try to curb the boom in cannabis factories north of the Border. Lord Hamilton, the Lord Justice- General, said even those who play a relatively minor role in the cultivation of large quantities of cannabis plants should expect jail terms of four or five years. South of the Border, the same offence might ordinarily attract a three-year sentence, but Lord Hamilton said: "The illegal cultivation of cannabis by organised criminals on a substantial commercial scale appears to be a relatively new phenomenon in Scotland ... we consider the need to discourage a new development in this jurisdiction justifies that difference." About 70 cannabis factories have been identified in Scotland by police since the summer of 2006. Most have been set up by Vietnamese and Chinese gangs, converting houses, garages and even warehouses into factories, mainly in west of Scotland suburbs, such as Cambuslang. The factories are capable of producing tens of millions of pounds worth of illicit crop. The gangs were thought to have moved north in the past couple of years from London, the Midlands and Merseyside, where they have been targeted by police. Lord Hamilton made the ruling after hearing an appeal over the sentence of a Chinese man who was caught during a raid on one such factory. The Court of Criminal Appeal in Edinburgh heard that a police operation was started in December last year and had discovered a huge rise in cannabis factories. Officers made 51 arrests and seized thousands of plants with a potential street value of more than UKP10 million. One of those detained was Zhi Pen Lin, 32, a Chinese national and a failed asylum seeker who had gone on the run in England after his application to stay in the country had been refused. He met a man in Manchester who took him to a house in Forfar, Angus. When police raided the rented bungalow in March, they found 849 cannabis plants. Zhi Pen Lin said his duties had been to water and feed the plants, cut the leaves and lay them out to dry. Every few days, the man from Manchester would bring food, check the plants and put dried leaves into plastic bags. A sheriff decided five years would have been the sentence given to Lin for his role in growing the cannabis, but it could be discounted to three years and nine months as he had pled guilty to the offence. He would also be recommended for deportation. At the appeal court, it was argued that as he had been only a "gardener" in the operation, the sentence was excessive and that a discounted term of two years might be expected in England. Lord Hamilton, sitting with Lords Nimmo Smith and Carloway, said sentencing guidance needed to be given for future cases. So far, sentences on the handful of cannabis factory "foot soldiers" had ranged from 18 months to four-and-a-half years. The maximum available was 14 years. "The higher ranges must be reserved for the more serious cases - involvement at a sophisticated level and repeat offences. First offenders with minor involvement, such as 'gardeners', may appropriately be dealt with less severely," said Lord Hamilton. "Nonetheless, where cultivation is on a commercial and substantial scale, a sentence of imprisonment will almost inevitably be appropriate. The courts must seek to deter individuals from lending their services to such activity." The Scottish Crime and Drug Enforcement Agency, which has spearheaded efforts to clampdown on the factories, last night welcomed Lord Hamilton's guidelines. "This reflects the serious concerns we have had about these cannabis factories and their connection with serious organised crime," said a spokesman. - --- MAP posted-by: Richard Lake