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Home Office

Answer

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department, pursuant to his answer of 10 January 2000, Official Report, column 573W, if he will list the prisons where (a) he and (b) the governors are aware of an obviously significant level of dealing in unlawful drugs; and if he will review the Misuse of Drugs Act 1971 to provide a valid defence to (i) prison governors and (ii) others in a relevant management position against charges under section 8. [145569] Mr. Boateng: Covert activity such as drug trafficking is by nature very difficult to quantify. All prisons are required to have in place a robust and proportionate drug strategy to tackle both the supply and demand for drugs. Prisons act firmly whenever there is evidence of drug trafficking. Section 8 of the Misuse of Drugs Act 1971 makes it an offence for an occupier or person concerned in the management of any premises knowingly to permit certain activities to take place there, including the supply of a controlled drug. The courts have made it clear that this means that those in a management position who are aware of drug dealing on their premises must take all reasonable steps to stop it. The decision on what is "reasonable" is for a jury to decide, in all the circumstances and taking into account the level of the defendant's knowledge of the drug dealing taking place and the steps available to him or her to stop it. I am satisfied therefore that the law already allows an appropriate and valid defence.

Secondary information

Type

Written question

Reference

361 c272W; 145569

Session

2000-01

Subjects

Crime Drugs Prisoners Prisons Misuse HM Prison Service Prison governors

Legislation

Misuse of Drugs Act 1971

Link

View this Written question on www.publications.parliament.uk