Sheriff attacks Crown Office for showing ‘leniency’ to drug dealers

Published on Friday 10 February 2012 00:06

A SHERIFF has criticised the Crown Office, accusing it of taking a soft-touch approach to drug dealers because officials do not see the damage drugs inflict on society.

Hamish Brackett was caught transporting thousands of pounds worth of drugs in Scotland but is expected to spend just two months behind bars.

Brackett, 26, who was prosecuted on a summary complaint, pleaded guilty to drug dealing at Perth Sheriff Court yesterday. Under sentencing guidelines a summary complaint – a less serious criminal offence – carries a maximum sentence of 12 months but Brackett can expect a one-third reduction for pleading guilty before trial, with just two months jail time before being freed on home curfew.

Sheriff Lindsay Foulis called on senior Crown Office prosecutors to move out of the “rarified atmosphere” they worked in to see the damage drugs do on Scotland’s streets.

After being told Brackett had £4,000 worth of cannabis in his car when he was stopped on the M90 between Inverkeithing and Perth on 23 October last year, Sheriff Foulis said: “I am a little surprised it is being prosecuted on a summary complaint.

“If those sitting in the rarified atmosphere of Crown Office saw what damage was done by drugs to society generally they might look at things in a slightly different light.

“I would say over 50 per cent of regular offenders in this court have addiction problems. It is a curse on society.”

Fiscal depute John Malpass, representing the prosecution service in court, confirmed: “That was a decision taken by Crown Office.”

Brackett, of Perth, had sentence deferred for reports. Minutes later, the sheriff continued his attack on the Crown Office after discovering an alleged £80,000 fraudster had also been prosecuted on a summary complaint.

He said: “As far as I can see we have got something like £45,000 worth of fraud and another £37,000 worth of attempted fraud. And that is on summary complaint?

“Is the value of things not sufficient? This is one, two, three, four, five, six, seven instances of fraud or attempted fraud over a period of a month and a half.

“I would repeat the observation I made earlier. I am just summing up my indignation and surprise.”

The fraud accused, Christopher Ireland, was not present in court and his case was continued while he maintains his innocence of the charges.

Sheriff Foulis has been an outspoken critic of Scotland’s justice system and the political constraints placed on sheriffs.

On one occasion, he said Scotland’s justice system should “put the lights out then and just walk off” after discovering drug dealer Pamela Scrimgeour was freed just two months after he gave her a 25-month sentence.

He also hit out after discovering drug dealer Darren Fraser, 25, was freed just three months after being jailed for 21 months.

In April last year, the sheriff said it was virtually pointless jailing a sex offender because there was no way of telling how long he would remain locked up.