Question to the Attorney General:

To ask the Attorney General, what his Department's charging policy is on drug possession offences in relation to the quantity of each class of drug found to be in the offender's possession.

The decision whether to prosecute a drug possession offence is made by the Crown Prosecution Service (CPS), in accordance with the Code for Crown Prosecutors. The Code requires that there is sufficient evidence to provide a realistic prospect of conviction and that a prosecution is in the public interest.

Where prosecutors are satisfied that it can be proved that a person is in possession of a controlled drug, the public interest will be determined by a number of factors, including the seriousness of the offence and the culpability of the offender. In published guidance to prosecutors on charging possession of drugs

( http://www.cps.gov.uk/legal/d_to_g/drug_offences/ ), the CPS indicates that a prosecution would be usual in cases involving possession of Class A drugs. A prosecution would also be usual for possession of more than a minimal quantity of Class B or C drugs.

In cases where a guilty plea is anticipated in cases suitable for sentence in a magistrates’ court, the police can charge or caution for drugs possession without recourse to CPS.