By Tony O’Reilly-
Proposals by the Home Office to confiscate passports of those caught recreationally using cocaine and cannabis would pose many questions as to how persistent offenders will subsist in the Uk without being a further liability to law abiding citizens.
The proposed plans announced by the Uk government on Monday is designed to crackdown on drug abuse by forcing drug users to think hard about their habit once caught, and reduce the chances of them re-offending.
The consultation which outlines a number of measures planned by the Home Office does not state how long passports will be confiscated for third time offenders, or whether the overall consequences of not having a passport for that period is part of the punitive measures for repeat offenders.
The requirement of a passport as a form of identification is standard practise in many aspects of everyday life, including opening a bank account, travelling abroad , and in many cases, obtaining employment. Repeat offenders who lose their license due to driving under the influence will have to do without driving.
However, there is expected to be a relevant and proportionate link between overseas travel and drug misuse, or where the confiscation of a passport could support the individual in changing their behaviour. The idea as a measure could still poses a challenge for the government because of the many other uses of a passport.
Under the proposals, first time offenders will be subjected to a ‘three strikes’-style deterrent.
In the latest year, 7.8% of adults aged 16 to 59 years (around 2.6 million) reported using cannabis in the last year. Around 976,000 people used powder cocaine in 2018/19
The seizure of driving licenses will have the effect of preventing offenders from legally going behind the wheel, but the confiscation of passports could prevent unemployed transgressors from working. where the identification of a passport is required.
The government could create a framework that allows employers to verify the identities of those whose passports have been seized, but it could also mean many unemployed people being turned down by employers who do not want substance users working for them.
The proposals are at a consultation stage at the moment, and its overall message is clear.
Persistent drug offenders will face the weight of the law and will be at the mercy of whatever provisions are made to sustain their co-existence with law abiding citizens.
Drug use is harmful to the health, and can in many cases lead to crime, but many users would argue that a system that prevents them from holding a job could be damaging to their future prospects.
The first time someone is found with illegal drugs would be made to pay for and attend a drug awareness course. Casual users of drugs, including cocaine and cannabis, will face fines and be required to attend drug courses.
Tough
The tougher penalties would help tackle the scourge of substance abuse in society which devastates lives and tears communities apart, as well as make our streets safer.
The size of the fine first-time offenders will pay is being consulted on as part of the proposals.
From 2011 to 2020 there was a 72% increase in deaths related to drug poisoning and around 2% of drug users were frequent users (defined as having taken any drug more than once in a month in the last year) according to the 2020/21 Crime Survey for England and Wales, with the proportion of frequent users higher amongst younger cohorts (4.3% in 16-24 year olds).
The White Paper is focusing on the cohort of so-called recreational drug users who have not yet developed dependence on drugs.
Ms Patel said addressing the problem of illegal drugs is a top priority for her and that ore people die every year as a result of drug misuse than from all knife crime and road traffic accidents combined. Drugs also cause enormous harm to children and young people, impacting on their health and their
ability to work and learn. The total cost to society and taxpayers is huge too, running
close to £22 billion a year in England alone.
government is committed to reversing the rising trend of drug use in society, protecting vulnerable people from harm and exploitation and these measures are a step towards changing the damaging culture of drug use and the consumption of drugs such as cannabis and cocaine.
The proposals have been published in a White Paper entitled ‘Swift, Certain, Tough. New Consequences for Drug Possession’. The escalating tougher penalties that so-called recreational drugs users in England and Wales could face include:
First-time offenders required to pay for and attend a drug awareness course or, if they don’t, pay an increased Fixed Penalty Notice or face prosecution.
Those found using drugs for a second time will be given a caution, sent on a further drug awareness course and face a period of mandatory, random drug testing for a period of up to three months.
Offenders caught for a third time would likely be charged for their offence, and upon conviction, as part of a civil court order, could be subject to an exclusion order banning them from a specific location, such as a nightclub. They could also be given a drug tag monitoring their usage, and see their passports and driving licences confiscated.
The measures follow the publication of the 10-year drugs strategy in December and come after statistics which show over three million people in England and Wales in 2019/20 reported using drugs in the last year, putting themselves at risk and handing lucrative profits to criminals driving a violent and exploitative supply chain.
Those who didn’t comply would receive an increased fixed penalty notice or face prosecution.
In the second instance of an individual being caught, they would be cautioned, ordered to attend another drug awareness course, and face a period of mandatory, random drug testing for a period of up to three months.
On the third occasion they would likely be charged, could be subject to an exclusion order banning them from nightclubs and entertainment venues, and could have their passport and driving licence taken away.
The details have been included in a White Paper titled “Swift, Certain, Tough. New Consequences for Drug Possession”.
These proposals are now subject to a 12-week consultation period and come seven months after the government published its 10-year drug strategy.
Home Secretary Priti Patel said: “Drug misuse puts lives at risk, fuels criminality and serious and violent crime, and also results in the grotesque exploitation of young, vulnerable people.
“We are cracking down on drug use with tougher consequences for so-called recreational drug users who will face the consequences of their actions through sanctions, including fines and conditions to attend rehabilitation courses, while drug offenders could have their passports and driving licences confiscated.
“In line with our strategy to tackle the harmful consequences of drugs, we aim to reverse the rising trend of substance use in society to protect the public from the harm and violence of drug misuse.