Drug questions Flashcards
When is the offence complete?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
What activities does the term ‘supplying a drug’ cover?
Supplying drugs includes distributing, giving or selling drugs.
What are the elements of the offence of offering to supply?
The elements of the offence of offering to supply are:
- the use of words that convey an offer
- the intention to make the other person believe the offer that has been made is real
The offender need not have the drugs nor even intend to sell them to be guilty of the offence.
What difference does age make to the offence involving Class C controlled drugs?
The difference in age regarding drug offence means that, when the receiver is:
- under 18 years of age, it is illegal to supply or administer, or offer to supply or administer, a Class C controlled drug to them
- Over 18 years of age, the only offences are to sell, or offer to sell, them a Class C controlled drug.
List the four things you have to prove to convict someone of possessing a controlled drug?
To convict someone of possessing a controlled drug, you must prove, beyond reasonable doubt, that the offender:
- had complete physical control of the drug
- knew that the drug existed, where it was and what its qualities were
- received the drug from a person who intended to hand over possession
- held the drug with the intention to possess it exclusively of others.
In relation to an offence against s9 of the Misuse of Drugs Act 1975, what must you prove?
You must prove the identity of the suspect and that he or she cultivated a prohibited plant.
What is the difference between the offence of obstruction contained in the Summary Offences Act 1981 and the Misuse of Drugs Act 1975?
The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers under the Misuse of Drugs Act 1975.
In relation to a charge of possession of a prescription medicine, who does the burden of proof lie with?
The burden of proof that he or she was lawfully entitled to be in possession of the prescription medicine lies with the defendant.
Who is exempt from charges relating to the sale or supply of needles or syringes?
Pharmacies, medical practitioners and authorised representatives of the Health Department.
Describe the two different types of controlled deliveries.
There are two options with controlled deliveries.
One is a “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed for those apprehended.
The second option is to leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to people or places that are not covered by search warrants. The remainder of the drugs are substituted.
Name the two main types of tracking devices.
The two main forms of tracking devices are Beacon and GPS.
If a tracking device is installed without a warrant, what is the time period in which it either needs to be removed or a tracking device warrant should be obtained?
48 hours.
In which schedule of the Misuse of Drugs Act 1975 would you find the pre-cursor substance pseudoephedrine?
Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).
What is meant by the term ‘private communication’?
Private communication
(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
Of what does the judge need to be satisfied before granting you a surveillance device warrant?
The conditions for issuing a surveillance device warrant are that-
(a) there are reasonable grounds-
(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(i) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and;
(b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.
What has been held by the courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?
R v Rankine [1986] 2 All ER 566
“It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves”.
List four key activities the telephone investigator should undertake in the first 24 hours of a major operation.
The four key activities the telephone investigator should undertake in the first 24 hours of a major operation are:
- ‘Trapping’ or ‘pre loading’ phone data
- TSP Liaison
- Draft a production order application early
- Proving phone ownership / use (attribution)
