Lincoln succeeds in first prosecutions for breaching ‘legal highs’ ban

City of Lincoln Council has this month successfully brought its first prosecutions for breaches of the ‘legal highs’ ban contained in the landmark Public Space Protection Order (PSPO) it introduced in April.

The local authority also revealed that a further 13 prosecutions were pending and more than 200 people had been dealt with under the order so far.

City of Lincoln Council was the first in country to introduce a PSPO banning the consumption of New Psychoactive Substances (NPS). The order applies to Lincoln’s city centre.

Both cases were heard at Lincoln Magistrates’ Court.

The defendant in the first case – heard on 15 July – was Kristofer McAllister, 32. He was found under the influence near the Wigford Way underpass by a patrolling police officer, who found sealed and empty packets of ‘legal highs’ in his possession.

When asked what he was doing with them, McAllister admitted he had smoked them and surrendered the packets.

Around an hour later, another police officer on patrol with a city council officer saw the defendant still under the influence and found more packets of ‘legal highs’ and a small pipe with residue on it.

The defendant was issued with a fixed penalty notice on 17 April, which he failed to pay. At the hearing he was fined £150 and ordered to pay costs of £100 and a £15 victims’ surcharge.

In the second case – heard on 22 July – magistrates were told how a member of the public had stopped a police officer in St Mary’s Street on 2 April and advised him that group of people were smoking and acting suspiciously nearby.

The defendant, David Rhodes, 24, was one of the group. He was found to have a tobacco tin containing a small amount of ‘legal highs,’ and numerous empty packets of NPS.

Rhodes was issued with a fixed penalty notice on 16 April, which he failed to pay. The defendant was fined £200 and ordered to pay costs of £200 and a £20 victims’ surcharge.

Commenting on the prosecutions, Sam Barstow, Service Manager for Public Protection and Anti-Social Behaviour at City of Lincoln Council, said: “We believe the PSPO has already had a huge impact in the city centre and these outcomes in court are very promising, showing that the consumption of ‘legal highs’ is something the council, police and courts take very seriously.

“We are working very closely with Lincolnshire Police to enforce the order, and continue to offer support through Addaction to everyone we find in possession of these dangerous substances.”

Barstow added: “It’s become extremely well-recognised now that ‘legal highs’ can cause a lot of damage to individuals, families, and communities and we are pleased to have secured the first prosecutions of this kind in the country. We will continue to monitor the impact of the ban and work with the police to continue this proactive approach to protect our city, its residents and visitors.”

Inspector Pat Coates, of Lincolnshire Police, said: “We are pleased that the courts have supported the action the police and city council have taken using the Public Space Protection Order.

“We continue to enforce the order on a daily basis in the city centre and since the introduction of the order we believe we have seen a reduction in consumption of these substances and the associated anti-social behaviour it causes.”