Drug and Alcohol Offences Flashcards

1
Q

What drugs are included in each of the classifications under the Misuse of Drugs Act 1971?

A

Classification is from A – C, with A being the most harmful:

  • Class A - opium, morphine, heroin, cocaine, LSD, ecstasy, cannabis oil, crack cocaine and dried or tablet form magic mushrooms.
  • Class B - amphetamines, cannabis and barbiturates.
  • Class C - steroids, tranquillisers, downers and temazepam.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the definition of Section 5 (2) of the Misuse of Drugs Act 1971, Possession of a Controlled Drug?

A

Section 5(2) of the Misuse of Drugs Act 1971 creates many offences in relation to illegal manufacturing, importing, supplying and possession of controlled drugs.

The Definition is:

A person who has possession of a controlled drug (A, B and C) without lawful authority and has knowledge that they have the substances and commits an offence of unlawful possession.

You need to show that the person had knowledge that they were in possession of the substance at the time of the possession. However, there is a statutory defence which is lawful possession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the definition of Section 5 if the Misuse of Drugs Act 1971, Possession with an intent to Supply a Controlled Drug?

A

Section 5, possession with an intent to supply a controlled drug, is a triable either way offence.

The Definition is:

It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with the intent to supply it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the definition of Section 6 of the Misuse of Drugs Act 1971, Cannabis?

A

The Definition is:

It is an offence for any person to unlawfully cultivate any plant of the genus Cannabis

There are certain circumstances in which we can arrest for possession of cannabis or cannabis resin:

G – Ganja is being smoked in public view or possessed close to youth premises
R – Repeat offenders
A – Area experience problems linked to cannabis
S – Smoker is a young person aged 17 years or under
S – Smoker is a vulnerable person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the definition of the Section 23 of the Misuse of Drugs Act 1971, Stop and Search?

A

Section 23 of the Misuse of Drugs Act 1971 gives police the power to stop and search people who they believe are in possession of drugs.

If a constable has reasonable grounds to suspect a person is in possession of a controlled drug in contravention of the act they may:

  • Search them and detain them for that purpose
  • Search any vehicle or vessel where the drug is suspected to be
  • And requiring a person to stop it for that purpose
  • Seize and detain anything which is, or appears to be evidence of an offence under the act.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the signs of drunkenness?

A

Signs of drunkenness can include Unsteady VIBES:

  • U - Unsteady on feet
  • V - Vomit
  • I - Incoherent
  • B - Breath smells of intoxicating liquor
  • E - Eyes glazed/bloodshot
  • S - Speech slurred.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the signs of drunkenness?

A

Signs of drunkenness can include Unsteady VIBES:

  • U - Unsteady on feet
  • V - Vomit
  • I - Incoherent
  • B - Breath smells of intoxicating liquor
  • E - Eyes glazed/bloodshot
  • S - Speech slurred.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the signs of drunkenness?

A

Signs of drunkenness can include Unsteady VIBES:

  • U - Unsteady on feet
  • V - Vomit
  • I - Incoherent
  • B - Breath smells of intoxicating liquor
  • E - Eyes glazed/bloodshot
  • S - Speech slurred.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the definition of Drunk and Incapable?

A

Drunk and Incapable comes under Section 12 of the Licensing Act 1872.

The Definition Is:

It is an offence for any person to be found drunk on a highway or other public place, whether a building or not, or on any licensed premises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the definition of Drunk and Disorderly?

A

Drunk and Disorderly comes under Section 91 of the Criminal Justice Act 1967.

The definition is:

It is an offence for any person, whilst drunk in a public place to be guilty of disorderly behaviour.

Drunk means - Having consumed intoxicating liquor to the extent that they have lost the power of self-control and are incapable of taking care of themselves.

Disorderly - Means noisy, unruly, aggressive, violent, quarrelsome, or offensive behaviour based on words and conduct.

You can arrest for drunk and disorderly as long as the arrest criteria can be met and they can be taken to an approved treatment centre.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly