News

Former charity worker Ruth Wyner, who was jailed after drug dealing was discovered at her Cambridge drop in centre, has condemned the extension of the Misuse of Drugs Act 1971 as "law-making on the hoof".

An amendment to the Criminal Justice and Police Bill, which received royal assent earlier this month, extended section 8 of the act. Managers and occupiers of premises must now not only prevent the production and supply of all controlled drugs but also their administration or use. Previously they just had to stop cannabis use.

Wyner was one of the Cambridge Two, who were jailed in 1999 after being found guilty under section 8 of the act of knowingly allowing drug dealers to supply heroin at Wintercomfort, a drop-in centre for homeless people.

They were freed on bail in July 2000 but lost their appeal in January, although they did not have to return to prison. Since their arrest, they and others have campaigned for the act to be amended to say "wilfully" committing an offence rather than "knowingly", arguing that the section was intended to catch club and pub owners who might profit from a lax drugs policy, rather than social care staff.

Wyner labelled the amendment "nonsense" and added: "The reality is that government statistics show that 86 per cent of homeless people use illegal drugs, in the main heroin. This reality hasn't been recognised. I don't think it's going to help the drug user because the problem will be driven further underground."

Wyner, who now works on a freelance basis for the prison sector, added: "It is disgraceful that they haven't consulted beforehand with the agencies working with drug users and the treatment sector."

Treatment agencies backed Wyner's fears that staff working with drug misusers run a greater risk of a criminal record after the amendment.

Release, a charity specialising in drug-related legal problems, said that the clause means that where managers of premises know or could reasonably believe that illicitly held controlled drugs were being used on the premises, they will commit an offence if they do not take reasonable steps to stop it.

Release's deputy director Ian Robinson said the amendment "will cause severe difficulties for agencies with drug users and undermine efforts to address the problems of drug use and homelessness".

Agencies providing supported housing to known, active drug users will need to carefully consider the legality of continued service provision, he warned.

However, the Home Office said that the amendment was designed to tackle crack houses, which were a "particular policing challenge".

A spokesperson said that the amendment will not come into force until police, other government departments and the treatment and voluntary sector have been consulted on guidelines to ensure that those working in the treatment and voluntary sectors are not prosecuted.