Drug users could avoid prison by agreeing to treatment instead under new guidelines for judges

Judges and magistrates may in future go easy on criminals who use drugs, the body that sets sentencing rules for courts said yesterday.

Substance misuse, including drug addiction and cannabis use, can mean an offender should be sent for treatment rather than punished, it announced.

The Sentencing Council included drug abuse alongside brain injury, learning difficulties, autism and dementia as mental health conditions which must be taken into account when sentences are handed down.

Its proposed guidelines set out ten questions for judges to decide whether someone with a mental health disorder is more or less responsible for their crime.

Courts must question whether an offender has been denied treatment in the past and decide if ‘the offender’s condition impaired their ability to make rational choices or to think clearly’.

Judges are told: ‘In a case where an offender’s culpability was high, the sentence may be more weighted towards punishment. In a case where an offender’s culpability was low, the sentence may be more weighted towards rehabilitation.’

The decision to include drug abuse as a reason for courts to deal more leniently with criminals follows a move by the National Police Chiefs’ Council to allow forces the freedom to stop arresting cannabis users. It advises treatment rather than prosecution may prevent reoffending.

The Sentencing Council’s scheme is the first guidance on how judges should deal with criminals who suffer from mental health problems. The proposals by the council, headed by Lord Chief Justice Lord Burnett, are likely to come into effect by the end of this year after a consultation which ends in July.

Council member Judge Rosa Dean said: ‘The guideline strives to balance the rights and needs of offenders with protecting the public, the rights of victims and families, and their need to feel safe.

Courts must question whether offenders, including cocaine addicts, have been denied treatment in the past and decide if ‘the offender’s condition impaired their ability to make rational choices or to think clearly’ [File photo]

‘Offenders who have a mental health condition or disorder should be confident the court has the information it needs to pass an appropriate sentence.’

The council’s explanation of substance abuse, which also includes alcohol, said criminals may be unable to stop using drugs due to withdrawal symptoms.

A high proportion of criminals use drugs, and violence and knife offences have been widely associated with them and have led to county lines dealing chains.

The consultation paper said 23 per cent of new prisoners have had contact beforehand with mental health services, while seven per cent had learning difficulties.

Kathy Gyngell, co-editor of the Conservative Woman website, said: ‘This means … because you now have diminished responsibility you are less responsible for your crime. It is a very naive proposal which will do nothing to help people who use drugs and which will put the public at risk.’