Misuse drugs

Question 1

Define S5(2) Misuse drugs act 1971

Answer 1

A person who has possession of a controlled drug without lawful authority
AND
Has knowledge that they have a substance commits an offence of UNLAWFUL POSESSION

Question 2

What are the points to prove of S5(2) Misuse Drugs Act 1971?

Answer 2

POSESSION
KNOWLADGE
CONTROLLED DRUG
LAWFUL AUTHORITY

Question 3

What are S5(4) Misuse Drugs Act 1971 statutory defences?

Answer 3

Took possession to prevent another person from committing/continuing to commit and offence in connection with that drug +

Delivered it to custody as soon as possible or destroyed drug

Question 4

What are S28 Misuse Drugs Act 1971 x3 General Defences?

Answer 4

Lack of knowledge of the alleged fact
Lack of knowledge of the alleged drug
Belief that it was drug he/she was entitled to produce/possess/supply.

Question 5

What x3 things does a defendant need to prove in Lack of Knowledge?

Answer 5

Dod not know the item existed
Lacked suspicion about the item
Had no reason to suspect existence of the item

Question 6

What x2 things does a defendant need to prove for Lack of Knowledge of controlled drug?

Answer 6

Did not believe or suspect it was a controlled drug

+

Has no reason to believe or suspect it was a controlled drug

Question 7

Define S4 Misuse Drugs Act 1971

Answer 7

It is an offence for any person unlawfully to
Supply or offer to supply a controlled drug to another
Be concerned in the supply of such controlled drug to another
Be concerned in the making of an offer to supply a drug to another

Question 8

Define S5(3) Misuse drugs Act 1971

Answer 8

It is an offence for a person to have
A controlled drug in their possession
Whether lawfully or not
With intent to supply it unlawfully to another

Question 9

What are the x3 steps to deal with cannabis possession?

Answer 9

Community Resolution
Conditional Caution
Arrest

Question 10

What does S6 Misuse Drugs Act 1971 relate to?

Answer 10

Cultivating Cannabis

Question 11

What is the stop search power used to deal with drugs?

Answer 11

Section 23 Misuse Drugs Act 1971

Question 12

What is the stop search power used to deal with drugs?

Answer 12

Section 23 Misuse Drugs Act 1971

Question 13

List Sections of the Misuse Drugs Act 1971

Answer 13

S5(2) Possession
S5(3) Possession with Intent to Supply
S4 Supply or Offer to Supply
S6 Cultivating Cannabis

S5(4) - Statutory defences
S28 - General defences