Pubdate: Tue, 08 Jan 2013
Source: Nelson Mail, The (New Zealand)
Copyright: 2013 Fairfax New Zealand Limited
Contact:  http://www.nelsonmail.co.nz/
Details: http://www.mapinc.org/media/1069
Page: 4

SENTENCES FOR DRUGS CRITICISED

Hundreds of people are locked up for petty drug offences every year 
many for crimes our top legal body says should not exist.

Justice Ministry figures show a significant amount of court time is 
taken up by minor drug cases, with nearly as many people imprisoned 
for possessing a small quantity of cannabis as for dealing.

Among these offenders are hundreds imprisoned for possessing a pipe 
or a needle, an offence the Law Commission recommended removing from 
the statutes last year.

The figures also show that less than one in three minor drug 
offenders is offered diversion, allowing them to avoid a criminal record.

The New Zealand Drug Foundation said the figures were alarming and 
showed the court-focused treatment of minor offenders was not working.

But Justice Minister Judith Collins said all drug offending  no 
matter how minor  should be dealt with through the criminal justice system.

In the past six years, possession of small amounts of cannabis or 
smoking utensils, such as a pipe, made up about a half of all drug 
charges laid by police.

While most offenders received a fine or community work, more than 
2800 were imprisoned for minor drug offences.

These included possession of needles, pipes, and small amounts of 
cannabis or methamphetamine.

Imprisonment for petty offences almost equals the number locked up 
for more serious crimes.

Drug Foundation executive director Ross Bell said locking up minor 
drug offenders was simply stupid policy.

"You send someone away for a minor drug conviction and they can come 
out a meth cook," he said.

Rather than dealing with people through the criminal justice system, 
the Government could introduce a mandatory cautioning scheme, he said.

"For a drug like cannabis you could get three cautions before being 
diverted to a treatment programme. We are not talking about 
decriminalising or legalising, it's about a more pragmatic way to get 
help for people who need it."

However, Ms Collins said the justice system was the right place for 
all drug offenders.

"The Government relies on enforcement agencies such as police to make 
appropriate decisions on how to charge someone for their offending, 
and the judiciary to make appropriate sentencing decisions based on 
the circumstances of individual cases."

The Government had policies to ensure anyone requiring treatment for 
drug abuse received it, she said.

Last year a Law Commission's review of New Zealand's 35-year-old drug 
laws criticised the uneven and criminally focused approach to drug offending.

It also recommended a three strike system for minor offending, and 
legalising pipes and needles.

Police opposed most recommendations and the Government has only 
followed up on a handful of recommendations, notably introducing drug courts.

However, the figures show the police may have started to pursue minor 
drug offenders less aggressively. In the year to June 2012, there was 
a substantial drop in the number of people being charged, convicted 
and imprisoned for possession of drugs or utensils.

Police said the drop could be attributed to the introduction of 
precharge warnings in September 2010.

The move gave police discretion to warn rather than charge people 
arrested on offences carrying a sentence of six months or less 
imprisonment. Police say people charged with drug possession are 
likely to get diversion, particularly on a first offence, but 
ministry figures show minor drug charges usually result in a 
conviction. Carterton, 300 people crammed into a church near the 
scene to remember their loved ones. Bob Hopkirk, whose son Stephen 
died in the tragedy on January 7 last year, spoke outside the service 
at St Mark's Church in Carterton yesterday morning, saying the past 
year had been "up and down". Another six months' wait until the 
release of findings into the causes of the crash was "not going to 
make much difference", he said. During the service, family, friends 
and accident witnesses lit candles and said the name of their loved ones
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