Aims:
To ensure:
Principles:
Practice:
The misuse of Drugs Act (1971)
Various drugs are controlled by law. The Misuse of Drugs Act (1971) defines the legal boundaries concerning:
The law permits school staff to take temporary possession of a substance suspected of being a controlled drug, for the purposes of protecting a pupil from harm, and from committing a drug-related offence.
The Misuse of Drugs Act also makes it an offence for those who occupy or manage premises (e.g. a school or a youth club), to knowingly permit certain offences under the Act to take place on those premises (e.g. the sale of drugs or the smoking of cannabis). The Act therefore places a responsibility on the Head Teacher to act if they become aware that such an activity is taking place.
Police Action
If a pupil is found in possession of a substance prohibited by law or school rules, school action should reflect the severity of the incident. Although not required to do so by law, schools are expected to discuss the incident with the local police, to assess whether their direct involvement would be necessary or useful to the successful resolution of the incident.
Where the incident does not involve substantial criminal behaviour, the police will be happy to work with the school in considering the needs of both the school and the individual(s) before any action is taken.
The vast majority of cases are dealt with by the young person being issued with a caution, a formal warning, or by no action being taken. Below is a list of options open to the police in such situations.
Police options for case disposal in relation to juveniles:
‘No further action’ The offence is not capable of proof either because there is insufficient evidence to connect the suspect with the offence or because there is insufficient evidence to substantiate the allegations made.
‘Not proceeded with’ There is sufficient evidence of the person’s guilt, but it is not in the public interest to pursue the matter further, due to the minor nature of the offence or the particular circumstances of the offender. No central police record is kept.
‘Formal Warning’ The person admits the offence, whether in custody or not, but either it is not in the public interest or it is not thought appropriate to pursue the matter further. The formal warning may be administered immediately or by letter in certain circumstances (e.g. for a traffic offence). It cannot be cited in any further court case. A local record is maintained which can be considered when determining any further case disposal decisions.
‘Formal caution’ The person admits the offence and is cautioned by a senior police officer. The aim is to divert a young offender from the criminal court and to reduce the chances of re-offending. It is formally recorded and may be cited in subsequent court proceedings. Juveniles are not usually cautioned for a first offence unless it is particularly serious.
‘Prosecution’ For particularly serious offences or for those with a considerable criminal history.
The Police Schools Liaison Officer can offer further advice on legal issues in relation to drug incidents.
Click here to see a table showing additional basic information relating to drugs and the law.
Updated: October 2, 2008
Plumstead Manor School
Old Mill Road
London SE18 1QF
tel: 020 3260 3333
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