MDA 1971 Flashcards
Home Secretary has power to make any drug subject to temp. control on advise of ACMD (Advisory Council on Misuse of Drugs.
Immediate effect, lasts up to 12 mths if parliament agrees w/in 40 days of order.
Will be subject to POCA 2002.
Simple possession of temp drug not offence under MDA 1971 but can search, seize, dispose of drug. Arrest/charge for obstruct if necessary
Other MDA offences incl temp drugs but max penalties =
14yrs / unlim fine indict.
6mths / £5000 fine summary
Cannabis incl stalk of mature plant, fibre produced from stalk and seed. Can charge possession resin and plant and would not be duplicate charge.
Possession = custody or control of it AND knowledge of IT.
Once possession proved, need to prove IT was a controlled drug.
Defence if did not know it was a controlled drug.
s5 MDA 1971 - Possession Controlled Drug
e/w Class A 7 yrs / 6 mths / fine
Class B 5 yrs / 3 mths / fine
Class C 2 yrs / 3 mths / fine
Magic mushroom defences;
fungus growing uncultivated and
- picked by landowner to take to app person/officer
- picked by another legally allowed to do so
Cannabis possession = PND if > 18yrs
Defences;
- To prevent another (continuing to) committing offence AND took all reas steps to destroy drug / deliver to app person.
- To deliver it to app person
Burying drugs not sufficient.
Duress of circs NOT a defence for any MDA.
s4(3) Supply Controlled Drug
e/w Class A Life / 6 mths / fine
Class B 14yrs / 6 mths / fine
Class C 14 yrs / 3 mths / fine
Supply/offer to supply/being concerned in offer to supply.
Does the person being given the drug benefit from it!!!
Diving up jointly purchased drugs and handing them out = supply.
CHIS supplying drugs to another so they will be arrested is still supply.
Injecting another with their own drug is NOT supply = poisoning.
If person dies from injecting a drug supplied, supplier not cause of manslaughter but can be if they injected the person.
Offer to supply can be by words or conduct alone.
If 2 persons conspired to supply drugs to one another that must be made clear in charge and not allude to a third person.
Agg factors if def over 18yrs;
school (can incl cafes/shopping areas frequented)
u18 used as a courier.
s5(3) PWITS
e/w Class A life / 6 mths / fine
Class b 14yrs / 6mths / fine
Class C 14 yrs / 3mths / fine
LAWFUL or UNLAWFUL possession with unlawful intent to supply.
It is person in possession of the drugs who must have the intent. Each person charged must have the intent as well as possession.
Drugs paraphernalia will be relevant to show def active dealer but does not prove the intention to supply. Judge must carefully direct jury as to probative value of such items.
In proving an intention to supply able to adduce evidence of def unexplained wealth with the drugs seized.
‘another’ can not be person in same charge.
s9A Supply articles for administering, preparing drugs.
Summary - 6mths/fine
Supply/offers to supply article used/adapted and believe it is to be used/adapted for unlawful drugs use by self/another
d/not incl hypo. needles
s4(2) Production of controlled drug
e/w Class A life / 6 mths / fine
Class B 14yrs / 6 mths / fine
Class C 5 yrs / 3 mths / fine
produce/being concerned in production
ie manufacture, cultivate, converting from one drug to another, harvesting and adding bulking agents
Being concerned is more than merely permitting.
s6 Cultivation Cannabis
e/w 14 yrs / 6 mths / fine
D/not need to show def knew plant was cannabis
Defences to;
supply, production, possession, PWITS, cultivation;-
- Lack of knowledge of some fact alleged
- lack of knowledge about the drug
- conditional belief held by def about the drug
e.g no reason to suspect was a drug - Objective test.
Circs will be taken into account. If too intoxicated to not suspect is NOT a defence.
s8 Occupier/Manager of premises permitting drugs misuse
e/w Class A/B 14yrs / 6 mths / fine
Class C 14yrs / 3mths / fine
knowingly permits or suffers (att) production (incl growing cannabis) (att/offer to) supply preparing opium smoking cannabis or opium - The smoking must occur
Community protection notices - s4 ASB Act 2014 - power to close premises used to commit drugs offences.
s20 MDA Assisting/Inducing offence outside UK
e/w 14 yrs / 6 mths / fine
Offence punishable under relevant countries law. The offence MUST have occurred.
Incl taking containers abroad to be filled with drugs and sent onto third country.
s19 Incitement
triable and punishable as substantive offence
Can incite an officer!!
s3 Importation controlled drugs
Class A life
Class B/C 14 yrs
Travel restriction orders - upon release from custody
Min 2 yrs where
- convicted drugs trafficking offence
- sentence to 4 + yrs
must give reasons NOT to impose order.
Def may surrender passport
offences incl production, supply, importation/exportation, inciting.
NOT PWITS class A.
Courts can revoke/suspend order. Duty is on Def to be back in UK when suspension ends.
Contravening Travels Restriction order s36 Crim Justice and Police Act 2001.
e/w 5 yrs / 6 mths / fine
No state of mind required. D/not have to leave voluntarily!!!
Deporting person subject to order is not an offence
Fail to hand over passport - 6 mths/fine
s23 MDA - Power entry, search, seizure
warrant lasts 1 month
s23(4) Obstruction
e/w 2 yrs / 6mths / fine
intentionally obstructs, conceals books, docs, stocks, drugs
fails to produce docs etc
supply/offer psychoactive substance s5 of the act 2016
e/w 7 yrs / 6 mths / fine
intentionally supply
know/suspect/ought to know psychoactive substance
know, reckless to substance being consumed for the effect.
Supply Butane Refill to person u18.
Summ 6 mths / fine
No requirement for person to bel/suspect person u 18
