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Introduction to Policing Practice > Misuse of drugs > Flashcards

Misuse of drugs Flashcards

1
Q

When was the Misuse of Drugs Act officially published?

A

1971

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2
Q

What is a controlled drug?

A

drugs that are subject to high levels of regulation as a result of government decisions about those drugs that are especially addictive and harmful

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3
Q

What are the top 3 classifications of drugs?

A

Class A
Class B
Class C

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4
Q

State some examples of a class A drug…

A

Heroin (diamorphine), methadone, cocaine, LSD, ‘Ecstasy’ (MDMA) and ‘crystal meth’ (methylamphetamine).

It also includes fungus (of any kind) which contains psilocin (such as ‘Magic mushrooms’).

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5
Q

State some examples of a class B drug…

A

Cannabis, cannabis resin, codeine, ketamine and Ritalin (methylphenidate).

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6
Q

State some examples of a class C drug…

A

Valium (diazepam), khat (the leaves, stems or shoots of the plant of the species Catha edulis) and GHB (gamma hydroxybutyrate).

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7
Q

What is a temporary drug class order and what are the 2 conditions that need to be met?

A

The Home Secretary has the power, under the Misuse of Drugs Act 1971, to make any drug subject to temporary control.

Temporary class drug orders can be made if the following two conditions are met:

(a) the drug is being, or is likely to be, misused; and
(b) the misuse is having, or is capable of having, harmful effects.

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8
Q

When will a temporary drug class order take effect and how long does it last?

A

Will come into immediate effect and will last for up to 12 months

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9
Q

Who can Lawfully Possess Classified Drugs?

A

Doctors, dentists, paramedics, pharmacists, vets, people with the doctor’s prescription, a postman a courier and a Constable in the course of their duty.

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10
Q

Possession of cannabis can be dealt with under what scheme?

A

Penalty Notice for Disorder (PND) Scheme

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11
Q

State the 2 elements to possession

A
  1. the physical element - Custody or Control

2. the mental element – Knowledge of possession

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12
Q

What is meant by custody or control?

A

Involves proof that the thing is in the custody of the defendant or subject to his control.

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13
Q

What is meant by knowledge of possession?

A

The defendant knows that the thing in question is under their control. They need not know what its nature is, but as long as they know that the thing, whatever it is, is under their control, it is in their possession.

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14
Q

What is meant by points to prove in regards to possession?

A

Once ‘Possession’ has been proved it is then necessary to prove that what the defendant possesses is, in fact, a controlled drug. If this is established, then the defendant has a case to answer in relation to the offence of possession of a controlled drug.

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15
Q

Explain the quality in regards to possession

A

You do not need to show the defendant knew the quality of what they are carrying, to prove they ‘possessed’ it

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16
Q

Explain the quantity in regards to possession

A

The quantity of a controlled drug, however, may be so small that the defendant could not possibly have known about it; therefore, it could not be ‘possessed’.

‘Visible, tangible and measurable’

Quantity is not only relevant to the fact of possession; it is also relevant to the intention of the person in whose possession the drug is found.

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17
Q

What section of the Misuse of drugs act is possession covered by?

A

Section 5 (2)

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18
Q

What are 2 defences for possession?

A
  1. When a person possesses them to deliver them into custody of a person lawfully entitled
  2. When a person possesses them to destroy them
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19
Q

What section of the Misuse of drugs act is supplying a controlled drug covered by?

A

Section 4 (3)

20
Q

What are the 4 key points to supplying?

A
  1. Supply
  2. Offer to supply
  3. Concerned in Supply
  4. Concerned in making of offer to supply
21
Q

Explain the 2 elements that make up supply

A

o Transfer of physical control from one person to another

o The person to whom the drug is given must derive some benefit from being given the drug

22
Q

Explain the 2 elements that make up offer to supply

A

o May be by words or conduct

o Offence committed whether or not the offer is genuine

23
Q

Explain what is meant by concerned in Supply

A

Not the person actually supplying but has an identifiable role in the supply of controlled drugs
o E.g. driving someone to a meeting to get drugs, suppling contact details for a supplier

24
Q

Explain what is meant by concerned in making of offer to supply

A

Not the person actually offering to supply but has an identifiable role in the offer to supply of controlled drugs
o E.g. someone has drugs and says to their friends they can have some if they would like to

25
Q

What are the maximum sentences for a section 4

offence?

A

Triable either way
• Class A (life imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
• Class B (14-years’ imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
• Class C (14-years’ imprisonment and/or a fine on indictment; 3-months’ imprisonment and/or a fine summarily)

26
Q

Section 4A of the Misuse of Drugs Act 1971 requires courts to treat certain conditions as what when considering the seriousness of the offence under s. 4(3) if committed by a person aged 18 or over?

A

‘Aggravating factors’

27
Q

What are the conditions for ‘Aggravating factors’ ?

A

The conditions are either:
(1) that the offence was committed on or in the vicinity of school premises at a relevant
time.
(2) that in connection with the commission of the offence the offender used a ‘courier’ who,
at the time the offence was committed, was under the age of 18,
(a) to deliver a controlled drug to a third person, or
(b) to deliver a ‘drug related consideration’ (basically any money, goods etc. obtained or intended to be used in connection with the supply of a controlled drug) to him/herself or a third person

28
Q

Possession with Intent to Supply is covered by Section 5(3) Misuse of Drugs Act 1971.

What are the key points to this offence?

A

Key Points
• Same points to prove as possession (unlawful, controlled drug, possession)
AND Intent to supply
o You must show that the intention was that the person in possession would supply it at some point in the future
o If more than one person has possession of the relevant controlled drug, you must show an individual intention to supply it by each person charged

29
Q

What are the maximum sentences for a section 5(3)

offence?

A
  • Triable either way
  • Class A (life imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or a prescribed sum summarily)
  • Class B (14-years’ imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
  • Class C (14-years’ imprisonment and/or a fine on indictment; 3-months’ imprisonment and/or a fine summarily)
30
Q

Production of a Controlled Drug is covered by Section 4(2) Misuse of Drugs Act 1971.

What are the key points to this offence?

A

Key Points:
Production
o By manufacture, cultivation or any other method and ‘production’ has a corresponding meaning
o Converting one form of a Class A drug into another
o Harvesting, cutting and stripping a cannabis plant

Concerned in Production
o Requires evidence that the accused played an identifiable role in the production of the drug in question.
o Not concerned if simply permitted two others who were producing drugs to use his kitchen

31
Q

What are the maximum sentences for a section 4(2)

offence?

A
  • Triable either way
  • Class A (life imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
  • Class B (14-years’ imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
  • Class C (14-years’ imprisonment and/or a fine on indictment; 3-months’ imprisonment and/or a fine summarily)
32
Q

What do you need to show for Cultivation of Cannabis Section 6(1-2) ?

A

You need only show that the plant is of the genus Cannabis and that the defendant cultivated it; you need not show that the defendant knew it to be a cannabis plant.

33
Q

What are the maximum sentences for a section 6

offence?

A
  • Triable either way
  • 14-years’ imprisonment and/or a fine on indictment
  • 6-months’ imprisonment and/or prescribed sum summarily
34
Q

State the 3 general defences under section 28

A
  • a lack of knowledge by the defendant of some fact which is alleged by the prosecution;
  • a general lack of knowledge by the defendant about the drug in question;
  • a conditional belief held by the defendant about the drug in question.
35
Q

What 6 offences can the 3 general defences under section 28 apply to?

A
  • unlawful production (s. 4(2))
  • unlawful supply (s. 4(3))
  • unlawful possession (s. 5(2))
  • possession with intent to supply (s. 5(3))
  • unlawful cultivation of cannabis (s. 6(2))
  • offences connected with opium (s. 9)
36
Q

What section covers an Occupier permitting drugs misuse?

A

Section 8, The Misuse of Drugs Act 1971

37
Q

What des section 8 state?

A

A person commits an offence if, being the occupier or concerned in the management of
any premises, he knowingly permits or suffers any of the following activities to take place
on those premises, that is to say:
(a) producing or attempting to produce a controlled drug in contravention of section 4(1) of this Act;
(b) supplying or attempting to supply a controlled drug to another in contravention of section 4(1) of this Act, or offering to supply a controlled drug to another in contravention of section 4(1);
(c) preparing opium for smoking;
(d) smoking cannabis, cannabis resin or prepared opium.

38
Q

What are the maximum sentences for a section 8

offence?

A
  • Triable either way
  • Class A or B (14-years’ imprisonment and/or a fine on indictment; 6-months’ imprisonment and/or prescribed sum summarily)
  • Class C (14-years’ imprisonment and/or a fine on indictment; 3-months’ imprisonment and/or a fine summarily)
39
Q

What may a constable do under Section 23 of The Misuse of Drugs Act 1971?

A

a) search that person, and detain him for the purpose of searching him;
b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
c) seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.

40
Q

What must a constable have to complete a section 23?

Also what code applies to applies to the exercise of any power to search people for controlled drugs?

A

Must have reasonable grounds

PACE Code A

41
Q

How long does a warrant last for under section 23?

A

It lasts for a period of one month from the date of

issue.

42
Q

What year was the Psychoactive Substances Act officially published?

A

2016

43
Q

Define psychoactive substance

A

Any substance which is capable of producing a psychoactive effect in a person who consumes it

Section 2

44
Q

State the 6 offences under the Psychoactive Substances Act

A

s. 4 Producing a psychoactive substance
s. 5 Supplying, or offering to supply, a psychoactive substance
s. 6 Aggravation of offence under section 5
s. 7 Possession of psychoactive substance with intent to supply
s. 8 Importing or exporting a psychoactive substance
s. 9 Possession of a psychoactive substance in a custodial institution

45
Q

What are the maximum sentences for a section 4-8

offence?

A

(a)on summary conviction —
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine,
or both;

(d)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine, or both.

46
Q

What are the maximum sentences for a section 9

offence?

A

(a)on summary conviction —
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine,
or both;

(d)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine, or both.

47
Q

What are the 3 mental elements of an offences for psychoactive substances?

A
  1. The prosecution must show that the act is intentional.
  2. The defendant must have known or suspected, or ought to have known or suspected, that the substance is a psychoactive substance.
  3. The defendant must know, or be reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied or another person for its psychoactive effects.

Introduction to Policing Practice (21 decks)

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