Lord Advocate’s Guidelines in relation to the reporting of offences detected within the Glasgow Health and Social Care Supervised Drug Consumption Facility

The Lord Advocate has published a statement of prosecution policy in relation to the Glasgow Health and Social Care Supervised Drug Consumption Facility (the “Facility”).

Annex A outlines the footprint of the Facility.

The Facility offers an opportunity to prevent fatal overdoses and, due to its design and co-location with other services, to facilitate engagement with people who use drugs problematically and offer access to treatment and support.

The Lord Advocate’s statement of prosecution policy confirms that:

it would not be in the public interest to prosecute users of the Facility for simple possession offences (in terms of section 5(2) of the Misuse of Drugs Act 1971) committed within the Facility.

The Lord Advocate cannot change the law and she does not have the ability to make possession of drugs within the Facility legal.

Possession of drugs within the Facility will remain a criminal offence.

In no circumstance should drugs seized by police be returned to an individual.

The statement of prosecution policy does not extend to individuals on their way to and from the Facility.

The Facility, and the surrounding areas, do not represent a “tolerance zone” for any type of offending.

The statement does not apply where the possession of the controlled substance is indicative of an individual’s intention to supply (or be concerned in the supply) of a controlled substance.

Police officers retain the ability to investigate all suspected offences as appropriate.

Recorded Police Warnings (which are available as an alternative to reporting the case to the Procurator Fiscal), should not be used in relation to section 5(2) possession offences committed within the Facility.

Where officers detect a s5(2) possession offence and seize a suspected controlled substance, they should submit a request for advice and direction to the Procurator Fiscal.

There is no requirement for a forensic analysis to be completed, but the suspected nature of the drugs seized should be noted in the request.

The connection between an alleged offence and the Facility must be clear from the content of the request.

Suspected controlled substances must not be returned to a person under any circumstances.

Other offences, or s5(2) possession offences detected outwith the footprint of the Facility, should be dealt with by normal processes.

The connection between an alleged offence and the Facility must be clear from the content of any report to the Procurator Fiscal.

Footprint of the Glasgow safer drug consumption facility.