Lecture 22 Drug Offences and Substance Misuse/ Abuse

Question 1

What would you call someone who uses drugs constantly?

Answer 1

Dependence (not addict!)

Question 2

How long do withdrawal symptoms last for?

Answer 2

Symptoms will vary depending on drug taken but usually 8-12 hours after last dose

Increase for 36-72 hours and the diminish gradually over 5-10 days.

Question 3

What is the objective of the Misuse of Drugs Act 1971?

Answer 3

• to curb the use of controlled drugs
• to outlaw various actions by those Unlawfully in possession of them
• to protect the persons involved
• to protect society against those who make or deal in drugs for misuse by others

Question 4

Drugs subject to legal control generally fall within two groups?

Answer 4

Addictive

Dangerous to life

Question 5

Drug Classification A?

Answer 5

Narcotics: Heroin

Stimulants: Cocaine

Hallucinogens: LSD, Ecstasy, Fungi

Question 6

Drug Classification B?

Answer 6

Amphetamines: Speed

Barbiturates: Cannabis, Mephedrone

Question 7

Drug Classification C?

Answer 7

Barbiturates: those not covered in Class B and are commonly known as downers. E.g all drugs whose name finishes with Pam. Diazepam and Temazepam

Benzodiazepines: Tranquillisers such as Valium, Librium and Mogadon.

Gammahydroxy- Butyrate (GHB): ‘date rape drug’

Question 8

Section 5(2) Misuse of Drugs Act 1971

It is an offence (subject to Section 28) to Unlawfully possess a controlled drug.

Definition?

Answer 8

To prove unlawful possession a person must have custody or control (actual or constructive)
AND
know or suspect the existence of a substance (not necessarily that is it a controlled substance)
AND
it must be a controlled drug. (Discovered after analysis)

Question 9

What does possession include?

Answer 9

Anything in a persons control but in someone else’s possession
AND
Requires guilty knowledge

Question 10

Powers to search for and seize drugs.

Section 23 (2) Misuse of Drugs Act 1971

Definition?

Answer 10

Reasonable Grounds to suspect any person in possession of a controlled drug (objective based, SHACKS)

Search that person, search any vehicle or vessel which you suspect that the drug may be found. (You cannot enter and search a house under this power!!!)

Seize and retain anything found which appears to be evidence of offence under this act.

ISOGELWY AND JOG in public
Person, Vehicle or Vessel

Question 11

What are the points to prove for possession of a controlled drug?

Answer 11

• the accused had the substance in their possession
• the accused knew they had a substance in their possession (not necessarily know it was a controlled drug)
• The drug in their possession was a substance which was in fact a controlled drug (analysed)
• the accused had no authority such as doctors prescription to possess it

Question 12

What is lawful possession?

Regulation 6(7) of the Misuse of Drugs Regulation 2001

Answer 12

• A constable when acting in the course of his duty
• a person engaged in the business of a carrier when acting in the course of that business
• a person engaged in the business of a postal operator when acting in the course of that business
• an officer of customs and excise when acting in the course of his duty
• a person engaged in the work of any laboratory to which the drug has been sent for forensic examination
• a person engaged in conveying the drug to a person who may lawfully have that drug in his possession

Question 13

Course of action for possession of cannabis? (Over the age of 10)

Answer 13

1. Cannabis Warning
2. Penalty Notice for Disorder (PND)
3. Arrest

Question 14

No more than one cannabis warning should be issued and only where the following applies?

Answer 14

• no previous record of cannabis warning (Pentip Database check via CRO)
• No previous record of a PND being issued
• no previous convictions
• not known to the officer locally as a persistent offender
• no aggravating circumstances
• compliant with procedure

Question 15

What are aggravating factors?

Answer 15

• Public place or view
• locally identified policing problem
• protecting young people
• repeat or persistent offenders
• impact on the offender

Question 16

Supplying controlled drug?

Section 4(3) Misuse of Drugs Act 1971

Answer 16

It is an offence for any person to supply
OR
offer to supply a controlled drug to another in contravention of subsection (1)
OR
It is an offence for any person to be concerned in the supplying of such a drug to another in contravention of that subsection
OR
It is an offence for a person to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.

Question 17

Possession of a controlled drug with intent to supply?

Section 5 (3)

Answer 17

It is an offence for a person to have a controlled drug in his/ her possession, whether lawfully or not, with intent to supply it to another contravention of S.4(1) of this Act

Question 18

What is the sentencing for each class of drug for possession of a controlled drug with intent to supply and production of a controlled drug?

Answer 18

Triable either way. (Summary/ indictment)
Class A: 6 months to life

Class B: 6 months to 14 years.

Class C: 3 months to 5 years.

Question 19

What is the definition of production of controlled drugs?

Section 4(2) Misuse of Drugs Act 1971

Answer 19

It is an offence for any person to Unlawfully produce a controlled drug or be concerned in the production of such a drug.

Question 20

What is DToA?

Answer 20

Drug Testing on Arrest

Anyone arrested (or charged) with a specific trigger offence can be drug screened for use of Class A drugs.