THE Scottish Government was last night urged to get tough on drugs after it emerged that fiscal fines could be issued to those found in possession of Class A drugs.
The call was made by Gavin Brown, the Conservative MSP for the Lothians, after the Crown Office admitted that the penalty, which is supposed to be used for minor misdemeanours, could be used to punish cocaine users.
Brown spoke out after a reply t
o a Freedom of Information request submitted by the Conservatives revealed that the Crown Office could not "discount" the use of fiscal fines when dealing with Class A drugs.
The latest figures indicate that almost 27,000 of the fines, which average £100, and are normally issued by procurators fiscal, have been issued over the last six months for drugs offences, assaults and thefts.
The figures, covering April to September 2008, show that 4,788 fines were given to people charged with possession under the Misuse of Drugs Act 1971. Class B drugs include amphetamine and cannabis.
Brown claimed that some of these could have been issued for Class A drugs.
"It is appalling to think that people caught with Class A drugs are being dealt with in such a fashion," said Brown.
"The fact of the matter is that direct measures should be used to deal with minor crimes not the possession of Class A drugs, and it is a sorry state of affairs that someone caught with hard drugs is being let off with feeble penalties and no criminal record. After all, drivers caught speeding get a criminal record but under this soft-touch SNP Government, criminals caught in possession of Class A drugs are getting away scot-free."
"Direct measures are proving to be more and more of an embarrassment for the SNP by the day. First we had those perpetrating serious assaults receiving fiscal fines, then we saw how pitiful the collection rates of fines were and now we see people caught in possession of hard drugs being dealt with by the use of direct measures."
The answer provided by the Crown Office on the issue revealed that the use of fiscal fines "for possession of Class A drugs in very exceptional circumstances cannot be discounted".
But it added: "The clear policy is that they should only be issue for possession of small quantities of Class B and Class C drugs such as cannabis.
"The guidance issued to procurators fiscal makes it clear that possession of a Class A drug is not appropriate for a Direct Measure and should be prosecuted in the sheriff court."
