Alcohol and Drugs Flashcards
What is the definition of the Possession of a Controlled Drug Act (section 28)?
It is an offence to have a controlled drug in his possession
What is the legislation around psychoactive substances?
It is not illegal to possess ‘legal highs’ but it is illegal to sell them
What are the points to prove around Possession of a Controlled Drug?
- Physical possession
- Knowledge of the possession
- The substance is a controlled drug (even if defendant didn’t believe it was)
- No authority for the possession
What are the defences for Possession of a Controlled Drug?
To prevent committing/continuing to commit an offence they
- took reasonable steps to destroy the drug
- took reasonable steps to deliver drug to person lawfully entitled to possess it
What is the Misuse of Drugs Act (Section 23)?
If a constable has reasonable grounds to suspect that someone is in possession of a controlled drug they may:
- detain & search that person
- search any vehicle/vessel they immediately came from
- seize and detain anything found in the course of the search which appears to be evidence
What is the offence of Possession with Intent to Supply (PWITS)?
It is an offence to
- supply or offer to supply
- be concerned in the supply
- be concerned in making of an offer to supply
a controlled drug
What is the offence of Production of a Controlled Drug?
It is an offence to produce a controlled drug and/or be concerned in the production of a controlled drug
What is an offence under the Cultivation of Cannabis?
It is an offence to cultivate any such plant of the genus Cannabis
What is the definition of alcohol under the Licensing Act 2003?
Any spirit, wine, beer, cider or fermented, distilled or spirituous liquor
Offences of selling/purchasing alcohol
It is an offence to sell alcohol to anyone below 18 or purchase alcohol on behalf of a person under 18
- except if individual is 16+, accompanied by an adult, having it with a meal
Offences for consumption of alcohol
It is an offence for a child to knowingly consume alcohol on a relevant premises or to knowingly allow the consumption of alcohol by a child on a relevant premises
Offences surrounding sending a child to obtain alcohol
It is an offence to send a child to obtain alcohol sold for off-premises consumption
What are the defences for offences involving alcohol?
- The seller believed the purchased was 18+
- The seller took all reasonable steps to establish purchaser’s age
- Nobody could’ve reasonably suspected, from their appearance that they were under 18
Being drunk in charge of a child
It is an offence to be found drunk whilst in charge of a child under 7 in any highway public place or licensed premises. If the child appears under 7, they should be treated as such
What is Section 91 of the Criminal Justice Act
It is an offence for any person to be drunk and displaying disorderly behaviour in any public place
