Section: Social Landlords

New Regulations

Change in Law on Drug Use Liability

The Government repealed controversial legislation, which until now had left hostel managers in a vulnerable situation if they were aware of the use of Class A drugs, such as crack cocaine and heroin, on the premises they manage.

The problem was highlighted by the 1999 Cambridge Two case, which led to heavy prison sentences for the director and manager of a drop-in centre in Cambridge for knowingly allowing the supply of Class A drugs at the centre. The sentences were greatly reduced on appeal, but the convictions remained in force.

Hostel managers have campaigned for a change in the law, arguing that if they were to bar every suspected user of a Class A drug, they could be faced with having to evict many vulnerable homeless clients.

The legislation to make it an offence to knowingly allow the use of drugs on premises was introduced as part of the Criminal Justice & Police Act 2001. A Home Office Circular repeals section 38 of the Act, which created the offence by amending section 8(d) of the Misuse of Drugs Act 1971.

Managers of hostels, however, are still liable to prosecution under the 1971 Act if they permit the misuse of cannabis or opium on premises under their control.

Housing Monthly Diary

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Issue: January 2006 Reporting on Sept.-Dec. 2005

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