Controlled Drugs Flashcards
When can a PND be issued for drugs
A PND can be issued for possession of Cannabis to someone who is over the age of 18
How do you establish possession
Physical possession or control + Knowledge of possession
What does knowledge mean
The person must be aware they are in possession of a substance. They do not have to know what that substances is.
What if the possession of the substances is miniscule
No offence the item must be visible, tangible and measurabe.
What are the two special defences for possession
Taking it into possession to prevent someone using the drug
Taking into possession to deliver to the Police.
What are the conditions around preventing others using it
You can ASAP destroy or take it to the Police.
What are the conditions around delivering to the Police.
You can only take it there ASAP - ie you can not destroy it, as this is not included.
Do I commit an offence of production of a controlled drug if I change cocaine into crack cocaine.
Yes
Do I commit an offence of production of a controlled drug if I add a bulking agent
Yes
What do you have to do to commit the offence of producing a controlled drug
Perform a meaningful part.
Would I have supplied controlled drugs if I handed you them and so you could just looking after them
No, you must derive a benefit. So if you were rewarded for possessing the drugs or allowed to take some of the drugs. Then the person handing over the drugs would have supplied.
What if the recipient derives a benefit from looking after the drugs
Yes, as soon as there is a benefit the person giving the drugs has supplied.
What happens when the recipient hands the drugs back to the person who lent them the drugs.
Then the person who hands them back also commits and offence.
Can a person who gives drugs back after looking after them for a dealer claim duress.
No
Do I supply a controlled drug if I inject someone with their own heroin.
No injecting someone with there own supply is not a supply offence.
Do I commit an offence if I divide a joint purchase into single bags and hand them over.
Yes
When will the seriousness of a supply offence be aggravated
When the supply is in close proximity to the school (jury to decide)
When you use a courier under the age of 18
What is the offence of supplying of articles
Any person who supplies or offers to supply a drug kit used to administer or prepare controlled drugs to themselves or another believing that the article will be used.
Are hyperdermic needles included in this offence.
No
What needs to happen to commit the offence of controlled drugs on premises.
The occupier must be aware (subjectively) that the follow acts are taking place
Production of a controlled drug
Smoking of Cannabis
The supply of a controlled drug
The preparation of Opium for smoking.
When is the offence complete
When one of the acts has taken place.
When can a person be given a travel restriction in relation to drugs legislation
When they have been convicted of a drug trafficking offence and they have been sentence to four years or more.
They may be restricted from leaving the UK for a minimum period of two years.
No max period
They may be required to give over their passport.
