Possession of Class A drug for personal use under English law.

political analyst

https://www.bbc.com/news/uk-politics-48572982

In 2019, Michael Gove admitted that he was lucky not to go to prison when he used cocaine 20 years before.

Given that anyone caught in possession of a quantity of cocaine, or any other Class A drug, for personal use in the Republic of Ireland wouldn't get sent to prison if it's a first offence, doesn't it stand to reason that, in the common-law system in England, it probably wouldn't lead to imprisonment there either? I'm puzzled as to why Gove thought that he would've been imprisoned if he had been arrested.

ohnonotgmail

just because you don't normally get sent to prison for a first offence doesn't mean the law doesn't allow for it. The sentence in the UK and here is the same for possession of Class A drugs i.e. up to 7 years imprisonment.

political analyst

https://www.boards.ie/discussion/comment/117779314#Comment_117779314

But those offenders in possession of a few lines of cocaine for personal use would be prosecuted in the Magistrates Court, wouldn't they? Neither a magistrate nor an Irish district court judge can give a sentence of anything like 7 years.

GM228

I'm puzzled as to why Gove thought that he would've been imprisoned if he had been arrested.

He didn't say he thought he would be imprisoned, rather the journalist asked him "should you have gone to prison", to which he replied "well I was fortunate in that I didn’t", not quite the same, I don't think he was saying he thought he would.

That aside as @ohnonotgmail has stated it is still an offence in both jurisdictions with a possibility of prison, the fact that both are a common law system is irrelevant, each system develops it's own norms and procedures, the Adult Caution Scheme here for example which now includes use of cannabis or cannabis resin for personal use is not a matter of law, but one of policy of the DPP.

ohnonotgmail

https://www.boards.ie/discussion/comment/117780240#Comment_117780240

the max sentence in a district court is 12 months. no idea about a magistrates court but I imagine it is similar. As for why Gove said what he did I have no idea. He is an odious little toad who presumably thought he was making some fantastic point.

GM228

6 months for class A offences in the Magistrates.

Back to Ireland and the District Court, to note is that for a first or second time canannabus or cannabis resin (for personal use) offence there is no prison sentence, 12 months only applies to a third or subsequent offence, or any other Class A drug offence.