Controlled Drugs

Question 1

When can a PND be issued for drugs

Answer 1

A PND can be issued for possession of Cannabis to someone who is over the age of 18

Question 2

How do you establish possession

Answer 2

Physical possession or control + Knowledge of possession

Question 3

What does knowledge mean

Answer 3

The person must be aware they are in possession of a substance. They do not have to know what that substances is.

Question 4

What if the possession of the substances is miniscule

Answer 4

No offence the item must be visible, tangible and measurabe.

Question 5

What are the two special defences for possession

Answer 5

Taking it into possession to prevent someone using the drug

Taking into possession to deliver to the Police.

Question 6

What are the conditions around preventing others using it

Answer 6

You can ASAP destroy or take it to the Police.

Question 7

What are the conditions around delivering to the Police.

Answer 7

You can only take it there ASAP - ie you can not destroy it, as this is not included.

Question 8

Do I commit an offence of production of a controlled drug if I change cocaine into crack cocaine.

Answer 8

Yes

Question 9

Do I commit an offence of production of a controlled drug if I add a bulking agent

Answer 9

Yes

Question 10

What do you have to do to commit the offence of producing a controlled drug

Answer 10

Perform a meaningful part.

Question 11

Would I have supplied controlled drugs if I handed you them and so you could just looking after them

Answer 11

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.

Question 12

What if the recipient derives a benefit from looking after the drugs

Answer 12

Yes, as soon as there is a benefit the person giving the drugs has supplied.

Question 13

What happens when the recipient hands the drugs back to the person who lent them the drugs.

Answer 13

Then the person who hands them back also commits and offence.

Question 14

Can a person who gives drugs back after looking after them for a dealer claim duress.

Answer 14

No

Question 15

Do I supply a controlled drug if I inject someone with their own heroin.

Answer 15

No injecting someone with there own supply is not a supply offence.

Question 16

Do I commit an offence if I divide a joint purchase into single bags and hand them over.

Answer 16

Yes

Question 17

When will the seriousness of a supply offence be aggravated

Answer 17

When the supply is in close proximity to the school (jury to decide)

When you use a courier under the age of 18

Question 18

What is the offence of supplying of articles

Answer 18

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.

Question 19

Are hyperdermic needles included in this offence.

Answer 19

No

Question 20

What needs to happen to commit the offence of controlled drugs on premises.

Answer 20

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.

Question 21

When is the offence complete

Answer 21

When one of the acts has taken place.

Question 22

When can a person be given a travel restriction in relation to drugs legislation

Answer 22

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.