Drugs

Question 1

Classes of drugs?

Answer 1

Class A - Those drugs thought to be most dangerous
Class B - Those drugs to be less dangerous than A bust still need to be controlled
Class C - Those drugs thought to be less dangerous than B but still need to be controlled

Officers mostly deal with class A & B

Question 2

List of Class A drugs

Answer 2

-Heroin
-Cocaine
-LSD
-Ecstasy
-Crack Cocaine
-Magic Mushrooms
-Opium
-Morphine
-Methylamphetamine

Question 3

List of Class B Drugs

Answer 3

-Speed
-Cannabis
-Ketamine
-Barbiturates
-Codeine
-Some Amphetamines
-Ritalin
-GHB
-GBL

Question 4

List of Class C drugs

Answer 4

-Anabolic steroids (not an offence to possess them for personal use
-Diazepam
-Piperazines (BZP)
-Khat

Question 5

S.5 Misuse of Drugs Act 1971

Answer 5

It is an offence for a person to have unlawfully a controlled drug in his/her posses
(Doesn’t matter what they think it is, if they think its class C but it’s class A, they are guilty of having class A)

Question 6

Define ‘Actual Possession’

Answer 6

Offender has actual possession or very near (readily) to hand. Includes carried-on person, in handbag/rucksack, next to seat in the car.

Question 7

Define ‘Constructive Possession’

Answer 7

Not in offender’s direct possession however control exist over the place where the drugs are. Includes
-Garage
-Car they are not in
-A second home

Question 8

Three elements of unlawful possession of drugs

Answer 8

a) Drugs be in the custody or control of the defendant
b) Defendant must know or suspect the existence of the drug in question
c) Drug must be a controlled drug

Question 9

Defences to Unlawful Possession

Answer 9

a) Taking possession to prevent another from committing an offence and taking reasonable steps to destroy the drug or deliver to custody
b) Taking possession and then evidencing reasonable steps to deliver the controlled drug to custody or destroy it.

Question 10

Lack of Knowledge - S.28 Misuse of Drugs Act 1971

Answer 10

If the defence can prove a lack of knowledge for either not knowing the product was a controlled drug OR believe they held a legal drug which was actually an illegal drug.

Question 11

How to evidence knowledge (that they held a controlled drug)

Answer 11

-Circumstances of which they acquired the drug
-Nature of packaging
-Relevant bad character (including previous non-court disposals)
-Evidence from phone downloads
-Possession offence is alleged in proximity to the supplier

Question 12

Possession with Intent to Supply (PWITS) - s.5(3) Misuse of Drugs Act 1971

Answer 12

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 unlawfully to another.

Question 13

Proof of PWITS

Answer 13

-Witness testimony/Surveillance
-Possessing a quantity of drugs inconsistent with personal use
-Possessing uncut drugs and possessing a variety of drugs
-Evidence that the drug has been prepared for sale
-Drug-related equipment (weighing scales, cutting agents, bags/wraps)
-Text messages
-Diaries or other documents.

Question 14

Supply of a Controlled Drug - S.4(3) Misuse of Drugs Act 1971

Answer 14

It is an offence for any person to unlawfully:
-Supply
-Offer to supply
-Be concerned in the supply
-Be concerned in the making of an offer to supply
…a controlled drug to another

Question 15

‘Supplying Controlled Drugs’ can mean…

Answer 15

more than a simply transaction can be distributing at a party (sharing a joint). Does not count if the drug if ‘believed’ but not actually a drug.

Question 16

‘Offer to supply’ can mean…

Answer 16

can include when a drug is ‘believed’ but is not actually a drug. Can be words or conduct, no payment needed.

Question 17

‘Be concerned in the supply’

Answer 17

Being involved in the act of supplying (e.g. transport, packages etc. must actually be a drug)

Question 18

‘Be Concerned in the Making of an Offer to Supply’

Answer 18

Means being involved int he making of an offer (e.g. finding prospective purchasers) Applies even if the drug is not actually a drug.

Question 19

S.4 Production & Manufacture of a Controlled Drug MDA 1971

Answer 19

It is an offence for any person to unlawfully produce a controlled drug or be concerned in the production of such a drug.

Question 20

Premises Used for Drug Offences - S.8 Misuse of Drugs 1971

Answer 20

A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suggests any of the following activities to take place on those premises:
-Producing or attempting to produce a controlled drug
-Supplying or attempting to supply or offering to supply a controlled drug to another
-Preparing opium for smoking
-smoking Cannabis, Cannabis resin, or prepared opium

Question 21

Cannabis - Personal Use - What would you do

Answer 21

SHOULD NOT be arrested unless the offence is aggravated

Question 22

Aggravated possession of controlled drug (Cannabis)

Answer 22

Aggravating Factors:
-Smoking cannabis in public place or within view of members of the public
-Close proximity to premises frequented by young people
-Any related anti-social behaviour
-Any known impact on the local community
-A repeat or persistent offender

Question 23

Cultivating Cannabis - S.6 Misuse of Drugs Act 1971

Answer 23

It is an offence for: any person to unlawfully cultivate any plant of the Genus Cannabis

Cultivate not defined, show elements of attention or caring for plant.

Question 24

Dangers of Cannabis Factories and Drug Labs

Answer 24

If you discover a cannabis factory:
-Evacuate immediately
-Inform Oscar 1/Duty Officer
-Act on their instructions
Cannabis factories may be booby-trapped with live electricity on door handles. Also dangerous (explosive) chemicals will be around and dangerous wire to get around meters/use transformers.

Question 25

Entry into premises (manufacturing drugs)

Answer 25

-Has electricity been by-passed?
-Electricity company will need to be contacted by control room to arrange for an engineer to attend the venue to make the property safe
-CSI will not attend until electricity supply has been made safe.

Question 26

Psychoactive Substances Act 2016

Answer 26

Any substance capable of producing a psychoactive effect in a person who consumes it.
Not illegal to possess (unless in custodial institutions), but illegal to supply it, itent to supply, importing/exporting etc.
(Review poweropint)

Question 27

Psychoactive Search Powers

Answer 27

Officer may search the person for relevant evidence, stop and detain the person and may happen anywhere where the officer has lawful access.

Question 28

Psychoactive Stop and Search Vehicles

Answer 28

Need reasonable grounds to suspect and the vehicle must not be a dwelling. The officer may stop and detain the vehicle and search it for relevant evidence.