Under the Misuse of Drugs Act 1971, it is currently an offence for the occupier or manager of premises knowingly to allow illegal drugs to be produced or supplied on those premises. But liability in respect of the use of illegal drugs extends only to the smoking of cannabis or opium. This very much reflects the drug misuse patterns that prevailed at the time the Act was introduced. Such closed markets present particular challenges for the police, especially with regard to the gathering of evidence sufficient to sustain a prosecution. The amendment will assist police enforcement in that where charges of supply or even possession cannot be laid, any evidence on the premises of the drugs themselves or drug paraphernalia discarded there could help construct a charge that the premises had been used for drug taking purposes.
Crack houses are simply one example of closed drug markets.
Crack cocaine is highly addictive and users often have to turn to crime to feed their habit. This can be highly destructive for the communities in which such establishments take hold. Making the owners or those concerned in the management of such establishments liable to prosecution will strengthen the police's hands in tackling the problem. The change is supported by the police. The Government are nevertheless mindful that such provision should not go forward without consideration of the need for certain very important safeguards.