The new year began with media reports of Sadiq Khan planning to ‘decriminalise’ cannabis in the capital. These were followed swiftly by a statement from the Mayor’s Office for Police and Crime’s (MOPAC) setting out that the Mayor of London lacks the power to make the legislative change that decriminalisation would involve, and was rather considering piloting a new drug diversion scheme in the city specifically for cannabis.
As media coverage of this story has often failed to make clear, drug diversion and decriminalisation are very different things. Decriminalisation refers to the removal of criminal penalties for an activity (often the possession of drugs for personal use). Depending on the legal system, this is replaced by civil sanctions or no penalty at all.
Drug diversion schemes are police-led programmes that operate in a variety of different models across the country, and allow people in possession of small quantities of illegal drugs an opportunity to access tailored support without being prosecuted. While MOPAC states that the pilot is still being developed, it is reported to be based on the successful Thames Valley Model, and will see 18-24 year olds found in possession of a small amount of cannabis diverted away from the criminal justice system and provided with help and support.
This does not constitute decriminalisation, as diversion operates in a legal framework where drug possession remains a criminal offence. Diversion sits alongside formal out of court disposals, a set of tools which allow the police to deal promptly and meaningfully to low-level offending without recourse to the courts. Many diversion schemes offer access to rehabilitative interventions in exchange for a non-statutory disposal, which is recorded as a No Further Action (NFA) or an Outcome 22.
It is encouraging to see diversion increasingly on the political agenda, as evidence from the UK and globally shows that early intervention schemes can deliver a wide range of benefits, such as reduced reoffending, reduced costs to the police, improved physical and mental health, and social and employment circumstances of participants.
