DRUGS

Question 1

What are class A drugs defined as?

Answer 1

those thought to be most dangerous

Question 2

what are class b drugs defined as?

Answer 2

those thought not to be as dangerous as A but still need to be controlled

Question 3

what are class C defined as?

Answer 3

those thought not to be as dangerous as B but still need to be controlled?

Question 4

What are the 9 class A drugs as defined by the Misuse of Drugs Act?

Answer 4

Magic Mushrooms
LSD
Ecstacy
Crack Cocaine
Opium
Morphine
Methylamphetamine

Question 5

What are the 7 class B drugs as classed by The misuse of drugs act?

Answer 5

Speed
Ketamine
Cannabis
Codeine
Some Amphetamines
Ritalin
Barbiturates

Question 6

What are the 6 Class C drugs as defined by the MDA?

Answer 6

Anabolic steroids ( although its not an offence to possess them for personal use)

Diazepam
GHB
GBL
PIPARAZINES
KHAT

Question 7

Where is unlawful possession of a controlled drug defined in the MDA?

Answer 7

S.5 Misuse of Drugs Act -

It is an offence for a person to have unlawfully a controlled drug in his possession

if a person believes that they have a Class C drug in their possession unlawfully, but it is actually a Class A drug, they are guilty of possession of a Class A drug.

Question 8

When investigating possession, what are the points to prove?

Answer 8

• the person possessing the controlled drug must know that they have the substance in their possession
• it must be proved that D knew it was in their possession and they knew what was inside the package/container

Question 9

What kind of possession is satisfied by the MDA?

Answer 9

actual possession ( on their person, in their bag, next to them in the car)

Constructive possession ( in a lock up garage, a car without them in it, a second home some distance away)

Question 10

What are the 3 elements of unlawful possession?

Answer 10

a) The drug must be in the custody or control of the defendant

b) the defendant must know or suspect the existence of the drug in question and

c) The drug must be a controlled drug within the meaning of the Act

Question 11

What are defences to unlawful possession of a controlled drug?

Answer 11

1) that knowing or suspecting it to be a controlled drug he took possession of it for the the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody or a person lawfully entitled to take custody of it

2) knowing or suspecting it to be a controlled. drug he took possession of it for the purposes of delivering it into the custody of a person lawfully entitled to take possession of it

3) no mens rea - if he proves that he neither believed nor suspected nor had reason to suspect that the substance or product in question was a controlled drug or

4)That he believed the product to be a controlled drug, which had it been that drug, would mean that he would not have been an offence at the time that he committed it.

Question 12

R v Lambert, what was found in this case with regards to the burden of proof of possession?

Answer 12

the defendant has to prove on a balance of probabilities that they lacked the knowledge, belief or suspicion in respect to possession

Question 13

What is the sentencing for unlawful possession?

Answer 13

Triable Either way: -

Class A - Summary: 6 months
Indictment: Max 7 years and/or fine

Class B - Summary: 3 months and or fine
Indictment: Max 5 years

Class C - Summary: Max 3 months and or fine
Indictment: Max 2 years imprisonment and or fine

Question 14

Definition for possession with intent to supply ?

Answer 14

S.5(3) Possession with intent to supply :-

It is an offence for a person to have a controlled drug in his/her possession whether lawfully or not with intent to supply it to another

Question 15

What are 7 ways that Possession with intent to supply may be proved?

Answer 15

1) direct evidence for example by witness testimony or surveillance

2) possessing quantity of drugs inconsistent with personal use

3) Possessing uncut drugs and a variety of drugs

4) Evidence the drug has been prepared for sale for examples separated into small portions separately wrapped.

5) Drug related equipment being found in the care or control of the suspect e.g weighing scales, bags or wraps, cutting agents

6) Text messages, list of customers and transactions

7) Diaries or documents containing information tending to confirm drug dealing, which is supportive of a future intent to supply e.g records of customers, telephone numbers with quantities or descriptions of drugs

Question 16

What is the sentencing for PWITS?

Answer 16

Triable either way

Class A -
Summary - 6 months and or fine
Indictment- life in prison and or fine

Class B -
Summary - Max 6 months and or fine
Indictment - 14 years and or fine

Class C -

Summary: Max 3 months and or fine
Indictment: Max 14 years and or fine