Drink and Drugs Flashcards
Misuse of Drugs Act 1971: Section 5(2)
Possession
A person who has possession of a controlled drug without lawful authority and has knowledge that they have that substance commits the offence of unlawful possession.
Misuse of Drugs Act 1971: Section 5(3)
Possession with intent to supply
It is an offence to
- have a controlled drug in their possession
- whether lawfully or not
- with the intent to supply it to another who has no legal right to possess it
- it does not matter if it is for financial gain
Misuse of Drugs Act 1971: Section 4
Production of controlled drugs
It is an offence to
- produce a controlled drug or
- be concerned in the production of a controlled drug
Misuse of Drugs Act 1971: Section 6
Cultivation of cannabis
It is an offence for a person to unlawfully cultivate any plant of the genus cannabis
Misuse of Drugs Act 1971: Section 23
Power to search
When a PC has reasonable grounds to suspect possession of a controlled drug they can:
- search the person and detain for that purpose
- search any vehicle/vessel
- seize and detain evidence
Misuse of Drugs Act: Section 9a
Supplying paraphernalia
It is an offence to supply, or offer to supply an object for providing or preparing a controlled drugs
- an object is supplied/offered to be supplied
- the object could be used or changed to be used to provide a controlled drug
- the person supplying/offering the object believe that it would be used by any person to give the drug to themselves or another person
Psychoactive Substances Act 2016: Sections 4-9
- producing a psychoactive substance
- supply or offer to supply
- aggravation of offence under section 5
- possession with intent to supply
- importing or exporting
- possession in a custodial institution
Psychoactive Substances Act 2016: Section 36
Stop and search
Where an officer has reasonable grounds to suspect a person has committed or is likely to commit a relevant offence, the officer may
- stop and search for relevant evidence
- stop and detain the person for the purposes of a search warrant
Can search vehicles under section 37
Drunk and disorderly
It is an offence for any person whilst drunk in a public place to be guilty of disorderly behaviour.
It is an offence for any person to be drunk whilst in charge of a child under the age of 7.
Confiscating alcohol from young people
If an officer reasonably suspects that a person in a relevant place is in possession of alcohol and
- they are under 18 or
- they intend that any of the alcohol will be consumed by a person under 18 or
- a person under 18 was recently with them
Then they may be required to surrender anything in their possession that is reasonably believed to be alcohol or a container for such liquor
Licensing Offences
- staff allowing disorderly conduct on the premises
- staff who knowingly sell, or attempt to sell alcohol to a person who is drunk on the relevant premises
- sell alcohol to a person under 18
- to knowingly allow the sale of alcohol to a person under 18
