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Give examples of Class A drugs
Give examples of Class B drugs
Give examples of Class C drugs
- Commonly abused prescription drugs
What is Cannabis? According to the Misuse of Drugs Act 1971...
Everything BUT the resin, mature stalk, the stuff that comes out of the stalk, the seeds.
What two conditions must be satisfied to prove possession of a controlled drug?
- Physical custody or control
Once possession is proved, what else is necessary to prove possession of a controlled drug?
This it IS a controlled drug.
Outline two specific statutory defences of possession of a controlled drug
A) Possession to prevent an offence being committed - e.g. a parent discovering drugs and as soon as possible, takes reasonable steps to give it to police, or a GP.
B) Possession to deliver it to lawful custody.
Explain the concept of 'supply'
Transfer of physical control from one person to another and the other person must benefit from it.
If you give someone drugs to hold when they don't want it, they do not benefit from it, however when they give you the drugs back, then you benefit from it, so effectively they are 'supplying' you with the drugs.
Outline the offence of Offering or Supplying Controlled Drugs
(To be concerned in) (offer to) supply a drug to another.
'Offer' may be words or conduct. Offence is complete when offer made. Doesn't matter if they do not intend to carry out the supply. Includes 'distribute'.
Outline the aggravating factors that courts should take into consideration when considering the seriousness of the 'supply' offence
If the person is 18 years +, it is more serious if:
A) Committed on, or in the vicinity of school premises when being used by those under 18, and an hour before and after such time.
B) If they used a 'courier' who was under 18.
Outline 'Possession With Intent to Supply'
Possession of a controlled drug (lawfully or not) with an intent to supply it unlawfully.
Outline offence of Supplying Articles for Administering/Preparing Controlled Drugs
A person who supplies (or offers to) any article made or adapted to administer a drug unlawfully, or any article to prepare a drug for unlawful administration, believing the article is to be used unlawfully.
The purpose is to address the provision of drugs kits.
Hypodermic syringes are not covered.
Outline the offence of Producing a Controlled Drug
By manufacture, cultivation or any other method. Converting one form of controlled drug to another is also 'producing'.
Outline the offence of 'Cultivaton of Cannabis'
Attending to a plant (watering/feeding etc.)
Not necessary for them to know that this is cannabis (bit unfair!)
Has to be unlawful as some people are licensed to cultivate it for medicinal purposes by the secretary of state.
Outline the general defence in respect of the Misuse of Drugs Act 1971
Lack of knowledge - an innocent messenger, thought it was lawful etc.
Outline the offence of Drugs Misuse by Occupiers of Premises
The occupier, or a person concerned in the management, knowingly permits or suffers the producing or supplying or preparing of opium for smoking, or smoking.
'Management' is someone concerned in the planning/organising/actual use of the premises.
What is a 'Closure Notice'?
Power to close a crack house.
If a Supernintendo or above reasonably believes that a premises has been used for drugs for the past 3 months, and that it has been causing a disturbance or nuisance to members of the public, he can authorise the issue of a closure notice.
The Local Authority must have been consulted, and reasonable steps must have been taken to contact persons concerned in the address.
What must a 'Closure Notice' say?
- Application will be made to close.
- Access is prohibited (Other than resident or owner.)
- DDTP application will be heard.
- Effects of closure order.
- Failure to comply is an offence.
- Housing and legal advisors who can assist.
How is a 'Closure Notice' served?
A Police Officer (can enter using reasonabe force, and) must fix the notice to a prominent place, at each normal means of access, and to any outbuildings that appear to be in use.
A copy must be given to one person who appears to have control/responsibility, or lives on the premises.
How is a 'Closure Order' obtained?
Following the issue of a notice, a Police Officer must apply to a Magistrate.
Must be heard NOT LATER than 48hrs after notice is served. The application may be adjourned for up to 14 days to allow interested parties to contest it.
Magistrate must be as satisfied as the Supernintendo, and that making the order is necessary to prevent the reccurence of such disorder during period of notice.
How long does a Closure Order last?
For as long as the court decides, but not longer than 3 months.
A further period of 3 months may be applied for with Supernintendo's authority after consultation with the Local Authority.
No further extensions after that.
Authority to secure premises of Closure Order?
A Police Officer or other Authorised Person may use reasonable force to enter and secure the premises. They may then enter at any time during the closure to carry out repairs or maintenance.
Must show I.D.
Outline Breach of Closure Order offences
It is an offence to remain on the premises or enter whilst a Closure Order is in place.
It is an offence to to obstruct a Police Officer or other authorised person exercising their powers of entry.
Define the offence of Misuse of Drugs Outside of the UK
If, whilst in the UK, they assist or induce the commission of an offence under the law of the place where the other person is.
Outline the powers of entry under the Misuse of Drugs Act 1971
- Detain and search a person.
- Stop, detain and search a vehicle or vessel.
- Seize and detain anything offending under the act.
What are the grounds for the issue of a warrant in respect of the Misuse of Drugs Act 1971?
A magistrate has reasonable grounds to suspect:
A controlled drug unlawfully in the possession on premises
Docs relating to unlwful transaction/dealing on premises
What are the powers of a Warrant under Misuse of Drugs Act 1971?
At any time within one month of the date of issue, an officer may enter by force and search premises and persons, and seize what they were looking for.
If they seize a document it has to relate to a transaction in the UK, otherwise it's under Foreign Law.
What is the offence of Supplying an Intoxicating Substance?
Offence to supply to any person under 18 (whom he knows or suspects is under 18) or a person acting on their behalf if he has reasonable cause to believe that person will inhale it etc...and be intoxicated.
Aimed at curbing glue sniffing.
What is the defence of Supplying an Intoxicating Substance?
Under 18, acting otherwise than in accordance with the furtherance of a business.
What is the offence of Supplying Butane Lighter Refills?
It is an offence to sell to anyone under the age of 18.
What is a Travel Restriction Order?
Imposed on Drug-Trafficking Convicts.
Minimum duration 2 years.