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by Tom Whitehead

The Telegraph

Tuesday 29 Mar 2011
Drug runners and small–scale dealers could escape prison even if caught with a 50–gram bag of cocaine or heroin or dozens of Ecstasy pills, under planned new guidance for courts.

Offenders who only play a "subordinate" role in drug gangs may be given a community order if found supplying "small" quantities of drugs.

But under the proposed guideline from the Sentencing Council, that would include up to 50 grams of cocaine – or 50 "wraps" – up to a kilo of cannabis or 99 Ecstasy tablets.

It is the first time all courts in England and Wales would be handed a specific chart setting out how the role and quantity of drugs should impact on sentencing.

So-called "drug mules" are also expected to be handed shorter sentences after the Council, the official body that guides courts on sentencing, warned they can be forced or tricked in to the crime.

Those convicted of possession offences may also avoid prison even if found with 10g of cocaine or heroin, or 20 Ecstasy pills.

http://www.telegraph.co.uk/news/uknews/law-and-order/8411745/Drug-runners-to-avoid-prison-under-sentencing-guidelines.html

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definatley a step in the right direction

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U.K: Free To Deal

TOM WELLS, JENNA SLOAN and NICK FRANCIS

The Sun

Tuesday 29 Mar 2011
A DRUG dealer was spared jail by a soft judge - even though he was caught with a massive stash worth £50,000.

Colin MacDonald, 34, appeared for sentencing before Judge Stephen Holt after cops who raided his home found:

90g of highly-addictive crystal meth rocks stuffed in a washbag;

90g of powdered cocaine;

100 ecstasy pills;

85g of amphetamines, and THREE bin bags stuffed with dried cannabis leaves.

Police also discovered seven boxes of Viagra, a large quantity of powerful painkiller Tramadol, self-seal bags and two sets of scales. MacDonald admitted five counts of possession with intent to supply Class A and Class B drugs at a magistrates' hearing. Yet Judge Holt gave him just a suspended 12-month jail term.

And MacDonald, of Dollis Hill, North London, walked free.

The case, which came to light a day after a panel of top judges recommended lenient sentences for dealers THEY regard as "small-time", caused dismay and anger among police. A source close to the case said: "MacDonald put his hands up early but no one was expecting him to walk out of court.

"This is the kind of sentencing that is hugely demoralising to police and other authorities trying to win the war on drugs." Outraged Tory MP Patrick Mercer said MacDonald's sentence "seems derisory". He added: "It sets a dangerous precedent for one of the biggest problems facing the police."

Judge Holt, sitting at Harrow Crown Court, called the MacDonald case "exceptional".

He said South African MacDonald had started taking drugs after a family tragedy, had admitted guilt, had been on a successful rehab course and just "sometimes sold drugs at cost price to other users".

But the source close to the case called the judge's reasoning "absurd," adding: "Investigators were in no doubt MacDonald was dealing in a significant way."

More fury erupted last night over the Sentencing Council's plans - revealed in yesterday's Sun - to spare hordes of "low-level" dealers jail. The judges' panel wants courts to focus on banging up drug producers and major suppliers.

They defined small-time dealers as those who have up to 49.9g of heroin or cocaine, even though that amount could be worth up to £2,000 and as little as 5g can kill.

"Minor" peddling was also said to involve less then 100 ecstasy pills, 250g of amphetamines, 49 tabs of LSD, 1kg of cannabis and 50g of the tranquilliser ketamine.

But The Sun is demanding resistance to such soft justice.

And last night Pauline Holcroft, mother of heroin victim Rachel Whitear, said: "It seems to me judges have lost touch with reality."

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