DRAFT 3
12. Appendices
Appendix
1 Drugs and Legislation: The Misuse of Drugs Act 1971
Cannabis: the current situation
Substances: Information and Street Names
3 - Pupil & Parent Support: Exclusion/Reintegration Officers
- School Advice & Support Service
- Marketing & Tourism Service
4 YADAS (Young Adult Drug and Alcohol Service)
SUST (Substance Use Screening Tool)
6 Safe Handling of Substances/Paraphernalia
7 Confidentiality
8 Substance-Related Incident Record Form
9 Drug/Substance Situations/Medical Emergencies
10 Identification/Analysis and Disposal of Substances
11 Summary: Normal Exclusion Procedure
12 Signs and Symptoms of Substance Misuse
Sample Policy for Managing Substance-Related Incidents
14 Exclusion Case Histories
15 Circular 4/95 Part II: The Management of Drug-Related Incidents on School Premises
16 The Working Group
17 References
Appendix 1
Drugs and Legislation - The Laws Relating to Drugs
To avoid breaches of rules or laws resulting from confusion or uncertainty about what is and what is not allowed, the legal position relating to each drug should be clearly explained to young people as they become ready for the information. This is in addition to their understanding of the school’s rules about drugs. School staff, therefore, need to be aware of the laws governing the supply, possession and use of drugs. These laws are summarised here. This summary reflects the law of England, Wales and Northern Ireland. It is for guidance only and should not be relied on as a definitive statement of the law. Professional advice should always be sought when appropriate.
The Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is the principal criminal law governing illegal drugs. It controls those drugs capable of “having harmful effects sufficient to constitute a social problem”.Principal drugs included
Maximum penalties for possession
Maximum penalties for trafficking / 1.1 Class A Opium; heroin; Methadone; Cocaine (including Crack); LSD; ecstasy; processed magic mushrooms; and any Class B drug prepared for injection.
7 years + a fine
Life imprisonment + a fine / 1.2 Class B Amphetamines (speed);
cannabis resin; herbal cannabis; barbiturates; codeine
5 years + a fine
14 years + a fine / 1.3 Class C
Mild amphetamines; Temazepam (tranquilliser), DF118 (painkiller) and most anabolic steroids
2 years + a fine
5 years + a fine
These are the maximum penalties a Crown Court can impose. A magistrate is restricted to imposing a maximum of 6 months imprisonment and a fine of £2,000. It is important to realise that these maximum sentences will depend upon previous offences and other factors. They are not automatic. Penalties imposed are likely to be much less. Police have the power to caution and not prosecute in some situations.
NB: The classification of Cannabis is currently (June 2003) under review and may be reclassified as Class C.
Appendix 1 continued
Medicines
Source: The Right Responses
Managing and Making Policy for Drug-Related Incidents in Schools
SCODA 1999 ISBN 094 8970 324
The legitimate manufacture and supply of medicines is controlled by the Medicines Agency and governed by the Medicines Act 1968. A wide variety of medicines may be purchased over the counter from chemists or supermarkets without a prescription (eg paracetamol, codeine linctus, and technically amyl nitrite, though In practice this is seldom to be found even in pharmacies). Others may only legally be obtained from a pharmacy with a doctor’s prescription – the ‘prescription-only’ medicines. Possession of some prescription-only medicines )such as the tranquilliser Temazepam, morphine, amphetamines, most anabolic steroids and most sedatives) is illegal under the Misuse of Drugs Act if no prescription is held. Some prescription-only medicines (such as other tranquillisers, ketamine), are not controlled by the Misuse of Drugs Act and so can be legal to possess without a prescription, even where they can only legally be obtained on prescription. Supply from other than pharmaceutical outlets Is technically a civil offence against the Medicines Act.
Amyl nitrate is still classed as a medicine, although it is not commonly used medically any more. Direction is not restricted, but its sale from other than pharmaceutical outlets is technically a civil offence against the Medicines Act. Viagra is also subject to the same supply restrictions as other prescription medicines, though its possession is not an offence under the Misuse of Drugs Act. Illicit suppliers do no commit a criminal offence as the Medicines Act does not form part of criminal law.
Alcohol – subject to Licensing Regulations
Supply of alcohol to anyone under the age of 5 is illegal unless medically indicated. Over the age of 5, young people may legally drink (but not purchase) alcohol, though not on licensed premises and a parent or carer may commit an offence if a child in their care becomes drunk. Purchase of beer, cider, perry to drink with a meal in licensed restaurants is permitted from the age of 14. Otherwise, sale of alcohol to under 18s is forbidden. Purchase of alcohol from licensed premises (pub, off-licence) is unrestricted from age 18. Possession of alcohol is an offence on some trains or coaches to designated sporting events. Licence holders, eg at supermarkets, garages or corner shops, must be over 18. Consumption may not place on off-license premises, nor in public places where bye-laws exist to prohibit it. It is an offence to be drunk in a public place, and in pubs, or to drive while unfit through drink (ie with more than 80mg of alcohol per 100ml of blood) or other drugs. The Confiscation of Alcohol (Young Persons) Act 1997 permits police to confiscate alcohol in public places from people under the age of 18 if they judge that it might otherwise lead to a nuisance or disturbance being committed.
Appendix 1 continued
Tobacco
The Children and Young Persons (Protection from Tobacco) Act 1991 states that it is illegal to sell tobacco to persons under the age of 16 irrespective of their appearance. However, the possession and use of tobacco are unrestricted, although police officers and park keepers have the authority to confiscate tobacco from children under the age of 16. It is also an offence to sell cigarettes other than in original packaging of 10 or more.
Solvents
The law does not restrict possession or use of solvents, although bye-laws may allow police to take people sniffing in public to ‘a place of safety’. The Intoxicating Substances Supply Act 1985 restricts retailers from supplying solvents to anyone under 18 if they have reason to believe they will be used for purposes of intoxication. It is illegal to sell lighter fuel to under 18’s in any circumstances (see page 48).
The ‘legality’ of other drugs
Drugs such as caffeine, khat, unprepared magic mushrooms, gamma-hydroxy-butyrate, butyl nitrite and iso-butyl nitrite are completely unrestricted by law:
Caffeine
Caffeine is found in tea, coffee and some soft drinks. It is also legal to purchase it in tablet form.
Khat
A stimulant drug cultivated and used socially in eastern Africa and the Arabian peninsular by chewing fresh leaves of the khat plant. Though legal in the UK, its use here is known, but limited.
Unprepared magic mushrooms
Two varieties of mushroom, the Liberty Cap and the Fly Agaric are mildly hallucinogenic and grow indigenously. Their possession is unrestricted unless they are ‘prepared’ for consumption, when they become a Class A drug under the Misuse of Drugs Act.
Gamma-hydroxy-butyrate or GHB
A depressant, anaesthetic drug usually found in liquid form, varying considerably in strength.
Appendix 1 continued
Butyl nitrite and iso-butyl nitrite
Often called ‘poppers’ (along with amyl nitrite and alkyl nitrite, which is a medicine), these are volatile liquids, whose fumes can be inhaled to have a stimulant effect.
Premises
Under the Misuse of Drugs Act 1971, it is an offence to knowingly allow premises for which you are responsible to be used for smoking cannabis or opium, or the production or supply of controlled drugs. This means that if, as a teacher, you know that cannabis (or opium) is being smoked by, say, a pupil, on school premises for which you are responsible and you do nothing to stop it, you commit an offence. However, if the illegal drug being used is not cannabis (or opium) eg amphetamine, LSD or ecstasy, you do not commit an offence. Knowing that another person is in possession of a controlled drug on premises does not constitute an offence for those responsible for the premises. However, if the drug is offered for supply to another, the person responsible for the premises commits an offence, unless they act to stop it. Disclosure of any offences to the police is not obligatory.
· For a school’s ‘duty of care’ to the whole school body to be fulfilled, it should act with reasonable care and in accordance with the practices of other, like institutions. This could involve publishing a policy which provides for staff training and drug education, and makes clear the consequences should any illegal drugs be found or taken on the school premises.
Appendix 1 continued
LEGISLATIVE ISSUES RELATING TO CHILDREN AND YOUNG PEOPLE
Responsibility for children
Teachers are sometimes described as being in loco parentis. This pre-Children Act 1989 concept is not clearly defined in law. However, it has been interpreted as giving teachers the delegated authority to act as a wise, responsible and careful parent would. The responsibilities of such a parent are not defined in legislation but the courts have generally interpreted them as a duty to exercise adequate supervision. The responsibilities of supervision are also variable and depend on the age and maturity of the child and the circumstances of a given case. Supervision can mean giving adequate advice and instructions rather than constantly watching a young person, unless there is obvious danger.
Medical treatment
The imposition of medical treatment, including drug testing, can constitute an assault unless a valid consent has been obtained. This fact has relevance for first aid and the administration of medicines: children and young people under the age of 16 may give consent to their own medical treatment if they have, in the view of a doctor the understanding and intelligence necessary to understand the nature and consequences of the medical treatment in question. When a child is not deemed capable of consenting to treatment, the consent of a parent or someone having parental responsibility is considered necessary before proceeding.
First aid is defined as:
in cases where a person requires help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimizing the consequences of injury and illness until such help is obtained
treatment of minor injuries which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse.
First-aiders should not go beyond the definition of first aid or seek to provide treatment beyond their competence (see also DfES Guidance on first aid in schools: good practice guide 1998).
Appendix 1 continued
Is cannabis going to be legalised?
No. On 10th July 2002 the Home Secretary proposed that cannabis should be reclassified from a Class B to a Class C drug under the Misuse of Drugs Act. If approved by Parliament, this will give cannabis the same legal status as illegally obtained steroids or other prescription drugs such as tranquillisers. This will reduce the maximum penalty for possession of cannabis from 5 years to 2 years imprisonment.
Why might the law on cannabis be changed?
The Government wants to free up police time to tackle serious drug crime and to emphasise the enormous risks associated with Class A drug use. It believes that the current classification of cannabis undermines the credibility of this message particularly amongst young people. However the Government does not want the significant, but less serious, risks associated with using cannabis to be overlooked either.
Is cannabis safe?
No. Cannabis use (particularly frequent use) can result in short term memory loss and loss of concentration. Young people using cannabis are more likely to have accidents or get into situations they do not feel able to control.
In the longer term, smoking cannabis damages respiratory function and is linked to lung cancer (in much the same was as cigarettes). Continued use can result in serious psychological dependence and mild withdrawal symptoms. It can also cause psychotic reactions amongst individuals with mental health problems.
The medical benefits of some of the chemicals found in cannabis (but not cannabis itself) are being investigated.
When will the law change?
If approved by parliament, the new legislation could be in force by July 2003. but it is important to emphasise that possession of cannabis is illegal, and will remain so after any change to the legislation.
If the law changes what will happen to a young person found with small amounts of cannabis?
As now, in the majority of cases the drug will be confiscated and the young person will receive a reprimand or warning. Arrest followed by a final warning or court appearance would apply in certain cases, such as for repeat offences, failing to provide a correct name and address, or smoking in a public place.
Appendix 1 continued
What about dealers?
The Government is also proposing to protect the young by clamping down on those dealers who prey on them. Dealing to minors will become a serious offence and those dealing near schools will be sentenced severely.
How can I find out more?
The National Drugs Helpline (0800 77 66 00) gives accurate and impartial advice on drugs, health and the law. Revised guidance on how to deal with cannabis use, and educate young people about the risks associated with its use, are being prepared and will be available for schools and other agencies working with young people before any changes to the law are introduced.
Appendix 2
Substances: Information
Source: Understanding Drugs
David Emmett and Graeme Nice
(See Appendix 15)
Appendix 2 continued
Amphetamine: Quick Reference Guide
Source
A totally synthetic product.
Forms and appearance
In powder form seen in various colours, off-white, yellow and pink being the most common.
In tablets and capsules of various colours, sizes and shapes.