Drugs, Explosives and the Law

Question 1

What is the Misuse of drugs act 1971 ?

Answer 1

• Deals with ‘controlled drugs’ only
• Drugs classified as Class A, B or C
• Listed in schedule 2 to MDA 1971
  o Schedule that lists all drugs
  o If drug is not on the schedule, then it’s not controlled and is therefore not an offence
• List changes- dates may be critical
• Impact on sentencing- sentences for class A are most severe

Question 2

What are the different classes of drugs and examples of each?

Answer 2

* Class A
o Crack cocaine
o Cocaine
o Ecstasy (MDMA)
o heroin
o LSD magic mushrooms
o Methadone
o Methamphetamine (crystal myth)
o Etc.

* Class B **
o Amphetamines
o Barbiturates
o Cannabis
o Codeine
o Ketamine
o Methylphenidate (Ritalin)
o Synthetic cannabinoids
o Synthetic cathinone’s (for example mephedrone, methoxetamine)
**
* Class C
o Anabolic steroids
o Benzodiazepines (diazepam)
o Gamma hydroxybutyrate (GHB)
o Gamma-butyrolactone (GBL
o BZP
o Khat

Question 3

In domestic law, what is the basic offences surrounding drugs?

Answer 3

**o Production **
 Making money from drugs (generally do not take)

**o Trafficking **

**o Supply/offering to/ being concerned in **

o Possession
 For own use

o Possession with intent to supply

Question 4

What act came in, in 1979?

Answer 4

Important (and exportation) of a controlled drug- s.170 customs and excise management act 1979

Question 5

Whats the PSA 2016?

Answer 5

PSA 2016- any substance which can produce a psychoactive effect in a person who consumes it

Question 6

If someone is said to have possession, what are the maximum sentences and offence range for the classes of drugs?

Answer 6

**o Class A **
Maximum: 7 years custody
Offence range: fine- 51 weeks custody

**o Class B **
Maximum: 5 years custody
Offence range: discharge- 26 weeks custody

**o Class C **
Maximum: 2 years custody
Offence range: Discharge- highest level community order

Question 7

If someone is said to have possession with intent to supply- MDA s5(3), Supply MSA s4(3), what are the maximum sentences and offence range for the classes of drugs?

Answer 7

**o Class A **
Maximum: life imprisonment
Offence range: high level community order- 16 years custody

**o Class B **
Maximum: 14 years custody and/or unlimited fine
offence range: Band B fine- 10 years custody

**o Class C **
Maximum: 14 years custody and/or unlimited fine
Offence range: band A- 8 years custody

Question 8

If someone is said to have production- MDA s4(2), what are the maximum sentences and offence range for the classes of drugs?

Answer 8

o Class A
Maximum: life imprisonment
Offence range: Highest level community order- 16 years custody

**o Class B **
Maximum: 14 years custody and/or unlimited fine
Offence range: Band B fine- 10 years custody

o Class C
Maximum: 14 years custody and/ or unlimited fine
Offence range: Discharge - 8 years custody

**o Cultivation of cannabis plant **
Maximum: 14 years custody
Offence range: band A fine- 8 years custody

Question 9

If someone is said to have **Importation (and exportation) of a controlled drug- s.170 customs and excise management act 1979 **, what are the maximum sentences and offence range for the classes of drugs?

Answer 9

**o Class A **
Maximum: life imprisonment
Offence range: Band A fine- 16 years custody

**o Class B **
Maximum: 14 years custody and/or unlimited fine
Offence range: Discharge- 10 years custody

**o Class C **
Maximum: 14 years custody and/ or unlimited fine
Offence range: Discharge- 8 years custody

Question 10

What are some other related offences regarding drugs?

Answer 10

*** Money laundering **
o Common ways: gambling, pop up shops, nail bars etc.

*** People trafficking **
o Cannabis farms

**
* Proceeds of crime act- when sentenced you fine the criminal with what predicted proceeds are else, they spend more crime **
o Evidence of value of drugs significant
o Evidence of weight/ purity critical to this

Question 11

Most prosecutions and investigations are led by what?

Answer 11

• Most prosecutions are** intelligence led **
• Chance stops on motorways do not exist
• However, seizure of drugs may be consequence of investigations into other crimes

Question 12

What kind of evidence is needed to support a prosecution?

Answer 12

*** Drug seizure **

*** Confession **

* Eyewitnesses- usually from police sources- may be covert or overt

* Communication
o Maybe billing evidence or from phone/sim

*** Financial analysis **

*** Lifestyle **

Question 13

Investigations/ prosecutions are a team that may include what?

Answer 13

o Officers
o Analysis
o Forensic scientists
o CPS lawyers and council

Question 14

Forensic scientists can give evidence of what?

Answer 14

o Presence of drugs on items e.g., clothing, kitchen scales

o Analysis of drugs and purity

o Presence of drugs in body
 Hair, urine etc

o Continuity of evidence

Question 15

What are some types of investigations?

Answer 15

• Street level test purchase- also known as buy/bust
• County lines-dealing outside of major cities to counties via kids who take across line, so dealers at either end are low level involved
• Conspiracies
• Importation
• Cannabis farms

Question 16

Tell me about Street level test purchase

Answer 16

o Police officer goes undercover to find dealer – good for low level dealer
o E.g., Operation Cirrus- drug dealers in Wiltshire
o E.g., operating phoenix

Question 17

Tell me about county lines

Answer 17

County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas (within the UK), using dedicated mobile phone lines or other form of ‘deal line’. They are likely to exploit children and vulnerable adults to move (and store) the drugs and money and they will often use coercion, intimidation, violence (including sexual violence) or weapons

Question 18

Tell me about cannabis farms

Answer 18

o Can be in attics or bedrooms
o Give off heat signature due to electricity usage
o Often have trafficked ‘gardener’
o Proceeds often cleaned through nail bars or casinos
o High yield

Question 19

Tell me about the international dimension with drugs?

Answer 19

*** The law- UN **
o Single convention on Narcotic drugs of 1961 as amended by the 1972 protocol
o Convention of psychotropic substances of 1971
o UN convention against illicit traffic in Narcotic drugs and psychotropic substances of 1988- Vienna convention

*** Criminal justice (international co-operation) Act 1990 **
o Board ships in Atlantic
o Arrest with evidence those from other countries

* International cooperation

* UNODC, Interpol, Europol, Euro just

Question 20

Tell me about the Explosive substances act 1883

Answer 20

• Causing explosion likely to endanger life or property- s2
• Attempting to cause explosion or making or keeping explosive with intent to endanger lifer or property- s3
  o This is the section covering conspiracy
• Making or possession of explosive under suspicious circumstances- s4

Question 21

Tell me about the offences against the person act 1861

Answer 21

• Causing bodily injury by gunpowder- s28
• Causing gunpowder to explode, sending or explosive substance or throwing corrosive fluid with intent- s29
• Placing gunpowder near a building with intent to do bodily harm to any person- s30
• Making or having gunpowder with intent to commit or enable any person to commit a felony- s64

Question 22

Terrorist act of offences ?

Answer 22

• Terrorist acts 2000 and 2006
• Deals with instruction manuals/internet download

Question 23

What is an explosive?

Answer 23

• Explosives act 1875- s3
• This Act shall apply to gunpowder and other explosives as defined by this section. The term explosive in this Act - (1) Means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect; and (2) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all description, and every adaptation or preparation of an explosive as above defined.
• Includes: petrol bomb, petrol bomb in milk bottle containing petrol, air, and a wick

Question 24

What is an explosive substance?

Answer 24

• Explosive substances act 1883- s9
• The expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement.
• Includes: Shot gun, part of vessel filled with an explosive substance
• Could cover collection of chemicals suitable to produce explosives

Question 25

Expert evidence- proof of explosive or explosion

Answer 25

• Expert evidence will be required whenever the manufacture, possession or use of any explosive substance is alleged to fully identify the articles in question. The evidence must set out that the substance in question is an explosive and its type
• Positive proof of an explosion, as opposed to combustion or some other form of reaction, will also require expert evidence. Care should be taken with regard to incidents involving petrol bombs as they may either explode or combust, and with incendiary devices which are designed to cause fire.
• For Explosive Substances Act 1883 cases, prosecutors must ensure, even when charging under the Threshold Test, that they have at the very least an initial statement or report from either the Forensic Explosive Laboratory (FEL) at Fort Halstead or from Explosive Ordnance Disposal (EOD) military personnel confirming that the device came within the Explosive Substances Act 1883 definition of an explosive substance, and setting out what that substance was. Such evidence, even in draft form, will be required for the Attorney General to properly consider the giving of consent

Question 26

With explosive seizures, what is a key question to ask?

Answer 26

What is the substance?

Question 27

After an explosion has occured, what is a key question to ask?

Answer 27

What caused the explosions?

Question 28

Who makes the charging decision and how is it decided?

Answer 28

• Made by the CPS
• Test set out in ‘code for crown prosecutors’- every prosecutor must apply this to every crime they look at
  o Evidential test- is there evidence?
  o Public interest test- is it in the public interest to prosecute?
• Expert evidence will be required for this decision

Question 29

The basic court process involves

Answer 29

• Burden/ standard if proof
• Order of procedure
• Expert witnesses