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Possession of laughing gas to be criminal offence

Several drugs charities have criticised the announcement, claiming criminalising possession could lead to the drug becoming more dangerous…reports Asian Lite News

Possessing laughing gas is to be made a criminal offence for the first time, the government has announced.

There will also be tighter controls on retailers to prevent the supply of nitrous oxide for misuse.

It goes against recommendations from the Advisory Council on the Misuse of Drugs (ACMD) which recently advised against new laws to ban nitrous oxide.

Nitrous oxide, sold in metal canisters, is known as NOS and is one of the most-used drugs by UK 16 to 24-year-olds.

The details are expected to be released on Monday. The BBC understands the ban would be issued under the Misuse of Drugs Act 1971, which regulates drugs based on their perceived harm and potential for misuse.

It is already illegal to produce or supply the gas for its psychoactive effects under the Psychoactive Substances Act 2016. The law makes production, supply and importation of nitrous oxide for human consumption illegal, but not possession.

The change is part of a crackdown on anti-social behaviour, which Prime Minister Rishi Sunak will announce on Monday.

The plans will also give police and councils additional powers to deal with people who are “causing nuisance” by blocking shop doorways, asking for money at cash machines or leaving their belongings on pavements.

These people will then be “directed towards the support they need”, such as accommodation, mental health or substance misuse services.

“The debris and paraphernalia which causes blight will then be cleared,” the government added.

Outlining the reasons behind the nitrous oxide ban, the government said it was “concerned about the rise in health and social harms” of laughing gas, “particularly to young people”.

“We are for the first time making possession of nitrous oxide an offence; preventing supply for misuse by putting tighter controls on retailers; and giving greater powers to law enforcement to take action against those who are in breach,” it added.

Speaking on the BBC’s Sunday with Laura Kuenssberg programme, Michael Gove said: “We are doing this because if you walk through any urban park you will see these little silver cannister which are the evidence of people regarding public spaces as arenas for drug taking.

“It is unacceptable. People should feel those spaces are being looked after in a way which means they are safe for children.”

The levelling up secretary said the drug has an “intoxicating and potentially damaging effect on young brains and young nervous systems”.

Heavy use can lead to a vitamin deficiency that damages nerves in the spinal column.

Several drugs charities have criticised the announcement, claiming criminalising possession could lead to the drug becoming more dangerous.

Steve Rolles, senior policy analyst at the Transform Drug Policy Foundation, said: “The idea that this is a deterrent effect is ridiculous it just criminalises users and will hand control of the product to criminal gangs.

“This is just political theatre – if you need any proof you just need to see that they have ignored their own advisers. This is a particularly ugly example of performative politics.”

Transform Drug Policy Foundation is a charity which campaigns for drugs to be legalised and regulated.

Reducing the risks of nitrous oxide is “better achieved with smart education, not blunt regulation that may compound existing harms and create new ones”, he added.

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‘Cyberflashing’ to become a criminal offence

The change means that anyone who sends a photo or film of a person’s genitals, for the purpose of their own sexual gratification or to cause the victim humiliation, alarm or distress may face up to two years in prison…reports Asian Lite News

The practice typically involves offenders sending an unsolicited sexual image to people via social media or dating apps, but can also be over data sharing services such as Bluetooth and Airdrop. In some instances, a preview of the photo can appear on a person’s device – meaning that even if the transfer is rejected victims are forced into seeing the image.

Research by Professor Jessica Ringrose from 2020 found that 76 percent of girls aged 12-18 had been sent unsolicited nude images of boys or men.

Ministers have today confirmed that laws banning this behaviour will be included in the Government’s landmark Online Safety Bill alongside wide-ranging reforms to keep people safe on the internet.

The new offence will ensure cyberflashing is captured clearly by the criminal law – giving the police and Crown Prosecution Service greater ability to bring more perpetrators to justice. It follows similar recent action to criminalise upskirting and breastfeeding voyeurism with the Government determined to protect people, particularly women and girls, from these emerging crimes.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said, “Protecting women and girls is my top priority which is why we’re keeping sexual and violent offenders behind bars for longer, giving domestic abuse victims more time to report assaults and boosting funding for support services to £185m per year. Making cyberflashing a specific crime is the latest step – sending a clear message to perpetrators that they will face jail time.”

The change means that anyone who sends a photo or film of a person’s genitals, for the purpose of their own sexual gratification or to cause the victim humiliation, alarm or distress may face up to two years in prison.

It follows a Law Commission review ‘Modernising Communications Offences’ which recommended that a new offence should be created.

Digital Secretary Nadine Dorries said, “Tech has the power to bring people together and make our lives better, but it can also enable heinous behaviour from those who wish to abuse, harm and harass. The forthcoming Online Safety Bill will force tech companies to stop their platforms being used to commit vile acts of cyberflashing. We are bringing the full weight on individuals who perpetrate this awful behaviour.”

Today’s announcement builds on what the Online Safety Bill already does by making sure criminal law is fit for the internet age and better protects victims from harmful communications online.

Alongside the new cyberflashing offence, the Government has previously committed to creating three other new criminal offences through this Bill, tackling a wide range of harmful private and public online communication. These include sending abusive emails, social media posts and WhatsApp messages, as well as ‘pile-on’ harassment where many people target abuse at an individual such as in website comment sections.

The Online Safety Bill will also put more legal responsibility on social media platforms, search engines and other websites or apps which host user-generated content to tackle a range of illegal and harmful content on their services.

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