Controlled Drugs Flashcards
Sec 4(2) MDA 1971 creates what offence?
Sec 4(2) MDA 1971 creates an offence for a person to:-
A. Produce a controlled drug in contravention of sec 4(1) of the act
Or to
B. Be concerned in the production of such a drug in contravention of that subsection by another
Sec 4(3) MDA 1971 creates what offence?
Sec 4(3) MDA 1971 creates an offence for a person to
A. Supply or offer to supply a controlled drug to another in contravention of subsection (1) of the act
Or to
B. Be concerned in the supplying of such a drug to another in contravention of subsection (1) of the act
Sec 5(1) MDA1971 makes what unlawful?
Sec 5(1) MDA1971 makes it unlawful for any person to have a controlled drug in their possession
Sec 5(2) MDA1971 created what offence?
Creates an offence for any person to have a controlled drug in their possession in contravention of sec 5(1) of the act without lawful authority
Sec 5(3) MDA 1971 creates what offence?
Creates an offence for any person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it to another
Sec 4(1) MDA 1971 creates what offence?
Sec 4(1) MDA 1971 makes it unlawful for a person to :-
A. Produce a controlled drug
B. Supply or offer to supply a controlled drug to another
Sec 5(4) MDA 1971 creates what statutory defence for possession?
Creates the defence
A person accused of unlawful possession of a controlled drug has a defence if they can prove to the court that
Suspecting it to be a controlled drug, they took possession of it to prevent another from committing an offence in connection with that drug(eg parent or teacher)
As soon as possible after taking possession of it they took all such steps as were reasonably open to destroy the drug or deliver to a person lawfully entitled to possess it eg cop or chemist
Sec 8 MDA 1971 creates what offence?
Sec 8 MDA 1971 creates an offence for the occupier or manager of any premises to knowingly permit or suffer the premises to be used for any of the following purposes:
Unlawfully producing or attempting to produce a controlled drug
Unlawfully supplying of attempting to supply a controlled drug
Preparing opium for smoking
Smoking cannabis, cannabis resin or prepared opium
Sec 19 MDA 1971 creates what offence?
Sec 19 MDA 1971 creates an offence for a person to attempt to commit an offence under any other provision of the act or incite or attempt to incite another to commit such an offence
This offence should be considered when dealing with persons who believe they are in possession of a controlled drug however analysis proves otherwise
Section 23(2) MDA 1971 provides police with what powers
As a constable, if you have reasonable grounds to suspect that any person is in possession of a controlled drug, you may without warrant
A. Search that person and detain them for that purpose
B. Search any vehicle or vessel in which you subsection that the drugs may be found and for the purpose of that search require the person I charge of that vehicle to stop it
C. Siege and detain anything found in the course of the search which appears to be evidence of a drugs offence
s23a provides you with the same powers but in relation to temporary class drugs
Sec 23(4) MDA 1971 creates what offence?
Sec 23(4) MDA 1971 creates an offence for any person to intentionally obstruct the police in the exceed use of any lawful power of search.
It is also an offence for a person to take active steps to conceal anything that may be lawfully seized by police under these powers of search.
Sec 24(1) MDA 1971 gives you what power?
Section 24(1) MDA 1971 provides a conditional power of arrest
A constable may arrest without I warrant any person whom they reasonably suspect of committing any drugs offence under this act, but only if
They believe they will abscond or
The persons name and address are not know and cannot be ascertained
They are not satisfied that the name and address given are true
