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Druga of Abuse > drugs offences and penalties, crime scene investigation > Flashcards

drugs offences and penalties, crime scene investigation Flashcards

1
Q

police powers

A 
Section 23(2) Misuse of Dugs Act 1971
•	If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug the constable may:
–	Search that person, and detain them for the purpose of the search
–	Search any vehicle or vessel in which the constable suspects that the drug may be found 
–	Seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the act
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2
Q

possession of controlled drug

A

Section 5(2) Misuse of Drugs Act 1971
• It is an offence for a person to have a controlled drug in his possession without authority
• Points to prove:
– The accused had the substance in their possession
– The substance is a controlled drug
– They had no authority such as a doctors prescription to possess it
– They knew of the existence of the substance in their possession

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3
Q

Lawful possession-

Certain people may possess any controlled drug when they are acting in the course of their duty. They include:

A
  • Police officers/staff
  • Customs and excise officers
  • Carriers
  • Forensic science laboratory personnel
  • Post office employees
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4
Q

lawful possession- a person may lawfully possess controlled drugs

A
  • Which have been prescribed to them

- When engaged in conveying the drug to a person who may lawfully have that drug in their possession

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5
Q

possession of controlled drug- penalties

A
  • Triable in either the magistrates or the crown court
  • Maximum sentences:
  • Class A – seven years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class B – five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
  • Class C – two years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
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6
Q

cannabis possession

A
  • ACPO guidance outlines the procedure to follow when dealing with a person (over 18) who is in possession of a small amount of cannabis consistent with personal use
  • Diverts less serious offences away from the criminal justice system
  • Based on a policy of escalation
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7
Q

officers have 3 options with cannabis possession

A
  • Stage 1 – cannabis warning
  • Stage 2 – Issue a Penalty Notice for Disorder (PND)
  • Stage 3 – Arrest
  • Aggravating factors
  • Offenders cannot receive multiple warnings or PNDs
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8
Q

suppling a controlled drug

A

Section 4(3) Misuse of Drugs Act 1971

  • It is an offence for any person unlawfully to:
  • Supply a controlled drug to another
  • Be concerned in the supply of a controlled drug to another
  • Offer to supply a controlled drug to another
  • Be concerned in the making of an offer to supply a controlled drug to another
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9
Q

supplying a controlled drug- penalties

A
  • Triable in either the magistrates or the crown court
  • Maximum custodial sentences:
  • Class A – life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class B – fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class C – fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
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10
Q

possession with intent to supply

A 
Section 5(3) Misuse of Drugs Act 1971
•	It is an offence for a person to have a controlled drug in his possession whether lawfully or not, with the intent to supply it to another
•	Points to prove:
–	The defendant was in possession of drugs
–	The drugs are controlled drugs
–	The defendant intended to supply the drugs to another
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11
Q

possession with intent to supply penalties

A
  • Triable in either the magistrates or the crown court
  • Sentencing varies between different drug classes, the quantity of the drug and how high up the supply chain the defendant is
  • Maximum custodial sentences:
  • Class A – life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class B – fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class C – fourteen years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
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12
Q

production of a controlled drug

A

Section 4(2) Misuse of Drugs Act 1971

  • It is an offence for any person unlawfully to produce a controlled drug or be concerned in the production of a controlled drug
  • E.g. unlawfully producing, or attempting to produce a controlled drug such as LSD
  • Points to prove:
  • Be concerned
  • In the production
  • Of a controlled drug
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13
Q

production of a controlled drug sentence penalties

A
  • Maximum custodial sentences:
  • Class A – life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class B – fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
  • Class C – five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
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14
Q

production of a controlled drug penalties

A
  • Triable in either the magistrates or the crown court
  • Sentencing varies depending on:
  • The size of the operation
  • The class of drugs involved
  • The quantity of drugs
  • The nature of the defendants involvement
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15
Q

drug seizures September 2019

A
  • Nearly 1.3 tonnes of heroin were recovered from a container ship after it docked at the port of Felixstowe
  • Worth around £27 million at wholesale
  • Worth in excess of £120 million at street level
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16
Q

proceeds of crime act 2002 (POCA)

A
  • Proceeds of crime – money or assets gained by criminals during the course of their criminal activity
  • The act aims to:
    Deny criminals the use of their assets
    Recover the proceeds of crime
  • Disrupt and deter criminality
  • Any money earned as a result of, or in connection with an offence can be recovered. It also includes assets bought with the proceeds of crime
17
Q

• The Home Office defines county lines as:

A

‘The police term for urban gangs supplying drugs to suburban areas and market and coastal towns using dedicated mobile phone lines or “deal lines”. It involves child criminal exploitation (CCE) as gangs use children and vulnerable people to move drugs and money. Gangs establish a base in the market location, typically by taking over the homes of local vulnerable adults by force or coercion in a practice referred to as “cuckooing”.’

18
Q

county lines

A
  • Involves the exploitation of vulnerable young people and adults by gang members in order to move and sell drugs across the country
  • Gangs from big cites expand their operations to smaller towns
  • Heroin and crack cocaine are the most common drugs being supplied
19
Q

CSI involvement

A
  • Presumptive drug testing
  • Attending search warrants with officers
  • Attending Cannabis factories
  • Clandestine drug labs
  • Lab submissions
20
Q

cannabis factory

A
  • Refers to a commercial or residential property used to grow cannabis
  • Premises will have been adapted to the extent that the normal usage of the premises or part of the premises will not be possible
  • Range in size from just part of a room to the whole of a commercial property such as a warehouse
  • Majority are discovered through reports from members of the public of suspicious activity
  • Health and Safety – Risk of ‘traps’ – electric wires attached to handles and the mains electricity, containers of acid above doorways
21
Q

cannabis factory- growing cycle

A
  • Forced cycle of 8-14 weeks
  • Controlled indoor cultivation has 5 stages:
  • Cuttings
  • Active Growth
  • Induction
  • Flowering
  • Harvesting
22
Q

cannabis factory- examination

A
  • Photograph and sketch a plan of the layout – number the rooms
  • Take dimensions of each room
  • Count and record the number of plants in each room and batch
  • Take a sample of the plants
  • Record the number of lamps, transformers and timers – along with the settings for each room – photograph any manufacturer details
  • DNA
  • Fingerprints
23
Q

clandestine drugs lab

A
  • Very little illicit manufacture of synthetic drugs in the UK
  • Derelict, abandoned or underused buildings
  • Can pose serious risks to public health and safety
  • Environmental Contamination
  • Manufacturing processes are often crude, uncontrolled and extremely dangerous
  • Chemicals – flammable/toxic/corrosive
24
Q

crime scene

A
  • Most items are best placed into tamper evident bags
  • Plant material in its entirety should be packaged in paper sacks
  • Liquids should be decanted
  • Sharps should be packaged in a sharps (knife/weapons) tube
  • Suspected drug traces can be swabbed
  • Drugs may not be the only evidence type present at a scene – may be other information to identify offenders or link scenes e.g. mobile phones, money, packaging materials
25
Q

lab submissions

A
  • It is for the prosecution to prove that a drug is controlled at the time that the offence was committed
  • Examination of trace and bulk drugs
  • Examination of drug packaging/wraps and paraphernalia

Druga of Abuse (11 decks)

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