Drugs Flashcards
what is prescribed belief
Prescribed belief means a reasonable belief that a controlled substance or other thing in relation to which an offence under this Act has been committed is –
(a) in the possession of a person in any place; or
(b) on or in a conveyance in any place; or
(c) on an animal in any place.
what are the police powers
NEED PRESCRIBE BELIEF
Detain and search person
search the relevant conveyance or animal
seize controlled substance
seize relevant conveyance or animal
seize anything that may be evidence under this act - eg scales
POA -
police powers - private premises
‘Prescribed belief’ does not apply to entering a private premises unless the police officer forms the prescribed belief only after having lawfully entered the premises.
This is to only seize what is in view. Forming a prescribed belief does NOT give you the power to search throughout a private premises (drawers, cupboards, other rooms etc).
What is the 3in3 rule - IDDI
No more than three drug cautions/diversions in a three-year period (3-in-3 rule)
Conceal definition
conceal, in relation to something, includes conceal or disguise –
(a) its source or nature; or (b) its location or movement; or (c) the rights of any person in relation to it; or (d) the identity of its owner
What does traffic mean
(a) sell the substance
(b) prepare the substance for supply with the intention of selling it or in the belief that another person intends to sell it
(c) transport the substance with the intention of selling it or in the belief that another person intends to sell it
(d) guard or conceal the substance with the intention of selling it or in the belief that another person intends to sell it
(e) possess the substance with the intention of selling it
(f) import the substance into Tasmania with the intention of selling it or in the belief that another person intends to sell it
transport includes to deliver.
Difference between controlled plant product and controlled plant
controlled plant - root ball
controlled plant product - no root ball. Just leaf and bud
methamphetamine TQ
20 individual packets or 25grams
Cocaine TQ
20 individual packets or 25grams
Cannabis TQ
Not oil/resin - 1kg
individual packets- 20 packets
plants (root ball) - 20 plants
oil/resin - 25gram
MDMA TQ
10grams
Aggregated trafficable quantity
- More than 100% - trafficable
- Less than 100% - controlled drug
What are the required questions
What is your full name?
What is your address?
Who did you get it from?
Where did you get it from?
How do you get an offender to acknowledge a WROI
Get the Offender to sign the bottom of EACH PAGE in your notebook
What are the stat of limitations
Minor offences – 2 years
Major offences – unlimited (ie. Trafficking in a controlled substance)