Drugs

Question 1

What are the THREE type of drug classifications?

Answer 1

1) Class A
2) Class B
3) Class C

Question 2

Whilst in the lawful execution of their duties, who may be in possession of controlled drugs

Answer 2

1) Police Officers
2) Customs & Excise Officers
3) Post Office Employees
4) Couriers
5) Doctors
6) vets
7) Forensic Science Officers

Question 3

For what reasons may possession of a controlled drug be lawful?

Answer 3

1) The controlled drug has been prescribed to that person

2) When engaged in conveying the drug to a person who may have lawful possession
a) where someone finds drugs and takes then to the police
b) where a person is returning a prescribed drug to the chemist for destruction

Question 4

What are the TWO drug types?

Answer 4

1) Prescription

2) Controlled

Question 5

What offence type are the THREE drug offences?

Answer 5

All are Triable Either Way

Question 6

What are the points to prove for UNLAWFUL POSSESSION MDA 1971, s5(2)?

Answer 6

Any person who has possession of a controlled drug:
> WITHOUT LAWFUL
⬇️
> HAS KNOWLEDGE THAT HE/SHE HAS THE SUBSTANCE
⬇️
Commits an offence of unlawful possession

Question 7

Statutory defences for a person in possession of a controlled drug (all THREE offences)

Answer 7

> They did not know they had it

> They did not know it was a controlled drug

> They believed it was a drug they were entitled to

Question 8

Defences when a controlled drug was taken off a person

Answer 8

> Knowing/suspecting it to be a controlled drug they took possession of it in order to prevent another from committing an offence or continuing to commit an offence, and
As soon as possible after taking possession, took all reasonable steps to either destroy the drug, or
Deliver it into the custody of someone lawfully entitled to take custody of it

Question 9

Defences if found controlled drug

Answer 9

> Knowing/suspecting it to be a controlled drug takes possession of it for the purpose of…
Delivering it to a person lawfully entitled to take custody of it, and
As soon as possible after taking possession of it delivers it to such a person

Question 10

What are the points to prove for UNLAWFUL SUPPLY MDA 1971, s4(3)?

Answer 10

Any person who...
> UNLAWFULLY
                    ⬇️
> SUPPLY A CONTROLLED FRUG TO ANOTHER
                    ⬇️
> BE CONCERNED IN THE SUPPLY OF SUCH A DRUG
                    ⬇️
> OFFER TO SUPPLY A CONTROLLED DRUG TO ANOTHER
                    ⬇️
> BE CONCERNED IN THE MAKING OF AN OFFER TO SUPPLY SUCH A DRUG
                    ⬇️
Commits an offence of unlawful supply

Question 11

What are the points to prove for PWITS(a) MDA 1971, s5(3)?

(a) Possession With Intent To Supply

Answer 11

Any person who has in their possession...
> A CONTROLLED DRUG
                    ⬇️
> LAWFULLY OR NOT
                    ⬇️
> WITH INTENT TO SUPPLY TO ANOTHER
                    ⬇️
Commits an offence

Question 12

CULTIVATING CANNABIS MDA 1971, s6(2)

Answer 12

> Unlawfully cultivate any plant of the genus ‘Cannabis’

Question 13

What is the search power to search a person for a controlled drug?

Answer 13

MDA 1971, s23

If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug:

> HE MAY SEARCH HIM/HER, and
DETAIN FOR THE PURPOSE OF THAT SEARCH, or
STOP & SEARCH ANY VEHICLE VESSEL WHERE THE DRUG IS SUSPECTED TO BE, and
SEIZE ANYTHING WHICH APPEARS TO BE EVIDENCE OF AN OFFENCE UNDER THE MDA 1971!

Maybe carried out anywhere - public/private including dwellings (search person not house)

Question 14

What does S.H.A.C.K.S stand for?

Answer 14

Seen
Heard
Actions
Conversation
Knowledge
Smell

Question 15

What does G.O.W.I.S.E.L.Y stand for?

Answer 15

Grounds
Object
Warrant
Identification
Station
Entitled to copy of form
Legal power used
You are detained