Drugs and Alcohol

Question 1

What act does possession with intent to supply fall under?

Answer 1

S 5 (3) of the misuse of drugs act 1971

Question 2

What act does supply of a controlled drug fall under?

Answer 2

S 4 (3) of the misuse od drugs act 1971

Question 3

What act does unlawful possession of a controlled drug fall under?

Answer 3

S 5 (2) of the misuse of drugs act 1971

Question 4

What act does drunk and disorderly fall under?

Answer 4

S 91 of the Criminal Justice Act 1967

Question 5

What act does drunkeness fall under?

Answer 5

S 12 of the licensing act 1872

Question 6

Explain the offence concerning an occupier or manager of a premises used for controlled drug offences?

Answer 6

Anyone who has sufficient control over premises who knowingly permits or suffers drug production (or attempted), supply (inc attempts/offers), preparing opium for smoking or smoking cannabis/opium.

Must be evidence of controlled drug supplied on premises

Would include having suspicion on person with control’s behalf

Don’t need to know the type of drug.

Question 7

Explain the offence of possession with intent to supply?

Answer 7

It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another who has no legal right to possess it.

Supply is the simple act of passing a controlled drug from one person to another. It does not matter if it was for profit or not.

Substance must be a controlled drug

Would apply to a chemist/police officer if unlawfully supplying

Question 8

Can someone be guilty of supply if they offer to supply a drug without supplying it?

Answer 8

Yes, offence is committed if no drug or substance is not even a controlled drug.

Offence therefore catches people sent to find prospective drug purchasers etc

Question 9

How is supply defined?

Answer 9

It is an offence to unlawfully

a) supply or offer to supply a controlled drug to another (includes distribution, not just sale)
b) be concerned in the supplying of such a drug to another (includes transporting/packaging)
c) be concerned in making an offer to supply a controlled drug to another

Question 10

What is the offence of production of controlled drugs or psychoactive substances?

Answer 10

It is an offence to produce a controlled drug or be concerned in the production.

Includes growing plants, delivering chemicals, providing premises or financing etc

Question 11

What is “preventing unlawful possession” (a defence to possession)?

Answer 11

Knowing or suspecting a controlled drug, a person takes possession of it

for the purposes of preventing another from committing or continuing to commt an offence in connection with that drug

and that ASAP they take steps to destroy or hand it in

Question 12

What is the process for issuing cannabis/khat warnings?

Answer 12

Tell suspect the warning will not amount to criminal record or conviction

but will be recorded and added to local police database

will produce a record of detected crime for stats

lead to penalty notice or arrest if found in possession in future

Question 13

What are possible aggrivating factors for cannabis/khat possession?

Answer 13

• Location (drugs hot spot for ASB or around children)
• in view of public
• repeat offender
• continually engaging in ASB

If no aggrivating factors, a warning likely outcome

Question 14

What is the intervention model for unlawful possession of cannabis/khat?

Answer 14

Warning > Penalty Notice for Disorder (PND) > Arrest/Charge

Applies to over 18s, not vulnerable, competent/coherent, not under influence, amount of personal use, no other drug possession and admits possession

Question 15

How is unlawful possessio of a controlled drug defined?

Answer 15

A person must unlawfully have a controlled drug in their possession.

• Do not have to know it is controlled
• Possession can be actual (on person) or constructive (e.g. in a car or house away from them)
• Would include, if drug ordered and paid for but not yet received
• Must have knowledge the drug exists

Question 16

What are the powers of entry under the licensing act?

Answer 16

Power of entry to any place if reason to believe offence being committed (or about to be)

Reasonable force can be used

For clubs, can also enter if breach of peace may occur or supplying drugs has been/is/about to be committed

Question 17

What are the providing a drunk person with alcohol offences?

Answer 17

Responsible staff who sell (or attempt to) alcohol to a person who is drunk

or

Anyone obtaining or attempting to obtain alcohol for a drunk person on relevant premises

Question 18

What are the disorderly conduct on licensed premises offences?

Answer 18

• Responsible staff knowingly allow disorderly conduct on licensed premises
• if a drunk and disorderly person fails to leave premises when asked by staff/police
• if a drunk and disorderly person enters/attempts to enter premises having been requested not to

Question 19

How is persistently possessing alcohol in a public place defined?

Answer 19

For a person under 18 to be in possession of alcohol without reasonable excuse in any relevant place

on three or more occasions within a year

Question 20

How may an officer confiscate alcohol from a young person?

Answer 20

A police officer (in or out of uniform) may confiscate alcohol (or reasonable believed to be) from a young person in a relevant place (public or unlawful access).

Applies to

• under 18s
• supplying alcohol to under 18s
• includes containers

Also required to state name and address

If under 16, can be removed to residence/safety

Question 21

How is drunk and disorderly defined?

Answer 21

An offence for any drunken person to display disorderly behaviour in any highway, public place or licensed premises

Disorderly means unruly or offensive behaviour