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Drug consumption rooms in Scotland green-lit by country’s top prosecutor

The Lord Advocate says it would 'not be in the public interest' to prosecute those using a pilot safer drugs consumption facility.

Drug consumption room
A drugs consumption room. Image: PA

Scotland’s top prosecutor has green-lit trials of drug consumption rooms, a measure long supported by campaigners to cut overdose rates.

The move means plans for a drug consumption in Glasgow will now go ahead.

No such trial has been confirmed in Dundee – which has the second highest rate of drug related deaths in Scotland – despite previous calls for the city to be included.

Lord Advocate Dorothy Bain KC, who heads the prosecution service, said she would advise police it would “not be in the public interest to prosecute drug users” for possessing drugs in such a facility.

We know from evidence from more than 100 facilities worldwide that Safer Drug Consumption Facilities work.

– SNP drugs minister Elena Whitham

Also known as overdose prevention centres, the facilities allow people to inject drugs like heroin under supervision.

Campaigners say this could help cut the number of overdose deaths, with trained staff on hand to provide emergency care.

In a statement on Monday, Ms Bain said it would not be appropriate for her to “sign off” on the opening of a drug consumption room.

Lord Advocate Dorothy Bain KC. Image: PA

While powers over the Misuse of Drugs Act are reserved to Westminster, the Lord Advocate is responsible for setting prosecution policy for all crimes.

Ms Bain said: “Prosecution policy is for me alone to set and this policy, and the consequences which flow from it, have been considered deeply and thoroughly.

“The requested statement will not extend to any criminal offences other than possession of controlled substances, contrary to section 5(2) of the Misuse of Drugs Act 1971.

“It does not amount to an exclusion zone whereby a range of criminality is tolerated.”

She said it was important Police Scotland would still have the ability to police any facility and ensure the safety of those using it and the wider community.

Drugs and Alcohol Policy Minister Elena Whitham said: “I welcome the position the Lord Advocate has taken.

“Glasgow authorities may now progress their proposal to set up a facility which can operate within the existing legal framework. While the service would still be limited to some extent, due to the reserved Misuse of Drugs Act, we are confident it would save lives.

“This is not a silver bullet. But we know from evidence from more than 100 facilities worldwide that Safer Drug Consumption Facilities work.

“It is now time to see this approach piloted in Scotland.”

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