‘Drug raids traumatising islanders’ – campaigner

Concerned holistic therapist and drugs awareness advocate Lucia Pagliarone asked for people to come forward with their experiences having noticed a high risk of long-term effects in her clients.

Around 40 search warrants a year have been issued to Guernsey Police for the last three years, allowing officers to enter the homes of those who they have reasonable grounds to suspect under various offences.

Most commonly these are issued under the Police Powers and Criminal Evidence Law, 2003.

Police can be granted a warrant should they expect the presence of drugs or stolen property.

Alternatively, reasonable suspicion under the Protection of Children Law also allows exceptional access into the home.

The Guernsey Drug Strategy (GDS) group founder Ms Pagliarone said around half of the clients she sees as a therapist have had traumatic repercussions following a search of their home and some have been subject to searches for what she considers trivial grounds.

‘Some of these people have ordered hemp products from the internet, not thinking they were doing anything wrong. I know someone who has had their door smashed in because they ordered a hemp tea bag,’ she said.

Hemp is a by product of the drug used in oils, creams and paper-like products.

The possession of class B drugs for personal use is usually punishable with a fine and for larger quantities and previous offences prison sentences can be considered.

Ms Pagliarone is concerned that vulnerable people may be subject to heavy-handed tactics in the search for even small quantities of the drug.

‘About half of the people who I see have suffered physical or sexual abuse in their past.

‘Often these raids happen at night, sometimes things are broken, it doesn’t feel like your home any more, it’s like you’ve been burgled,’ she said.

A Facebook post on the GDS page has attracted a number of anonymous comments – mostly about these most often end in a conviction for cannabis possession.

‘My house was raided a few years back by armed police.

‘They thought I was the individual in an armed robbery but I wasn’t and they eventually found the person who was.

‘But they smashed through my family home’s door, all armed with guns, with my six-year-old sister and my autistic brother in the house,’ read one comment.

‘They ripped my house apart and found a tiny amount of cannabis under the bath. From being an innocent party, they then arrested me and did me for 0.8g of cannabis. I have a criminal record now for drugs and cannot travel.

‘I’ve never been the same since, and actually ended up turning to alcohol to help block out the trauma from this experience which then led in a relationship break down.’ it went on.

For Ms Pagliarone the issue is three-fold; a class concern, gender-discriminatory and the result of what she views as outdated attitudes towards the substance.

‘It’s a class issue everywhere. I think that’s pretty clear. A lot of young people in council houses have had enough, the graffiti around the place lately shows that. There is some science behind it, but also the majority of the arrests made are men. There are plenty of women using [cannabis] but not many getting caught.

‘[Raids] aren’t happening as much in the UK, they’ve backed off a lot. Generally people in the UK, even if they are found with 30 plants at home, they are just burnt and the case is not pursued criminally. That’s what I’d like to see our police doing,’ she said.

Assistant Chief Officer Peter Knee of Bailiwick Law Enforcement explained that any search warrant has to be authorised by a judge who will have reviewed the information given by the authorities to decide whether there are reasonable grounds to suspect that there are items that the warrant relates to on the premises.

‘For example, stolen property or drugs. Search warrants can be issued under various pieces of legislation, The Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003 (for serious offences) and The Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 but other examples are the Theft Law, Protection of Children Law and Firearms Law

‘When executing a search warrant, a variety of factors are considered in the planning stage. These include the risk to officers and occupants of the premises, and how to maximise the opportunity to gather evidence.

‘In the majority of cases officers simply knock on the door and seek the co-operation of the householder.

‘However, on some occasions it may be necessary to force entry – but this is carefully considered following a risk and threat assessment.

‘Officers must comply with various legal checks and balances, such as giving the occupier a copy of the warrant, clarifying their rights and entitlements and explaining what is happening.

‘If any member of the public believes they have been treated inappropriately, or that an officer has behaved incorrectly or unfairly, we have a well-established complaints process.

‘We take all such complaints seriously and they will be examined by our Professional Standards Department, which is independently overseen by the Police Complaints Commission.

‘Full details are available on our website, www.guernsey.police.uk/PSD,’ he said.