Dorothy Bain KC

Her comments come after a request for clarification on the law by the Glasgow City Health and Social Care Partnership and a facility they wish to operate.

Drug laws are reserved to Westminster and possession of drugs within the facility will remain a criminal offence.

Ms Bain’s policy states that it would not be in the public interest to prosecute users of that facility in terms of section 5(2) of the Misuse of Drugs Act 1971 for simple possession offences committed within the confines of the facility. The statement of prosecution policy does not extend to people on their way to and from the facility or anywhere else in Glasgow. Drugs seized by police will not be returned to an individual.

Ms Bain said: “I have concluded that it would not be in the public interest to prosecute people for simple possession offences when they are already in a place where help with their issues can be offered.

“This policy is an extension of the principles of diversion from prosecution. That is a process by which the procurator fiscal can refer a case to a local authority or other identified agency as a means of addressing underlying causes of offending.

“In diverting cases we aim to break cycles of harm and reduce the impact of crime on communities. I am satisfied that the Glasgow facility can provide a way for support services to engage with some of the most vulnerable people in society.

“I understand that this policy may be a source of anxiety for some who live and work near the facility. The policy is very narrow and does not mean other offending will be tolerated. Supply offences are not included and Police Scotland will enforce these, and other crimes, as they always have.”