Intoxicating and psychoactive substances Flashcards
Q: What is the law on supplying or offering to supply psychoactive substances?
The offence of supplying or offering to supply a psychoactive substance is contained in s5 Psychoactive Substances Act 2016.
S5(1) A person commits an offence if—
(a) the person intentionally supplies a substance to another person,
(b) the substance is a psychoactive substance,
(c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and
(d) the person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects.
Q: What is a psychoactive substance?
S2 2016 Act
(1) In this Act “psychoactive substance” means any substance which—
(a) is capable of producing a psychoactive effect in a person who consumes it, and
(b) is not an exempted substance.
A substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state.
Q: What does ‘consuming’ mean?
It is not limited to eating.
S5(3) For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person’s body in any way.
Eg: injecting, inhaling, smoking etc…
Q: What is the AR of the supply offence?
AR is satisfied if a person supplies a substance to another and that substance is a psychoactive substance.
Supplying includes distributing and does not need to result in any payment or reward.
Q: What are the 3 elements of the MR for the supply offence?
- That the supplying is intentional
- That D knew or suspected or ought to have known or suspected that the substance is psychoactive
- That D also knew or was reckless as to whether the substance would be consumed by someone for its psychoactive effects.
Q: Is recklessness sufficient?
Yes!
Q: What is the law on the offering to supply version of the offence?
S5(2) 2016 Act
A person commits an offence if-
(a) He offers to supply a psychoactive substance to another person and
(b) He knows or is reckless as to whether that other or someone else would, if he did indeed supply such a substance, be likely to consume it for its psychoactive effects
Q: What is the MR element of the offering to supply offence?
That D knows or is reckless that the substance being offered is likely to be consumed for its psychoactive effects.
Q: Does D have to supply the psychoactive substance?
No- D does not have to go on to supply anything.
It doesn’t matter if he never intended to supply anything at all and was making a false offer.
As long as he makes an offer to supply a psychoactive substance, the offence is in the offer itself.
Q: What might ‘an offer’ include?
Advertising or displaying a catalogue of psychoactive substances with online payment options.
Q: What types of offences are both supply and offering to supply?
Triable either way.
Carry maximum sentence of 7 years imprisonment on indictment.
