Misuse of Drugs Flashcards
Class A Drugs examples
Heroin
Cocaine
Methadone
Ecstasy
LSD (acid)
Magic mushrooms
methamphetamine
Class B drugs example
Cannabis
Amphetamines
Mephedrone
Ketamine
Barbiturates
Synthetic cannabinoids
Class c drugs examples
GHB
Khat
Anabolic steroids
What must you prove when arresting for drugs?
Possession
Knowledge
controlled drug
Lawful Authority
Defences for misuse of drugs
Statutory Defence
General Defence
Statutory defence for misuse drugs - section 4(5)
A person found to have unlawful possession of a controlled drug, has a defence if it can be proved that
The person took possession of the controlled drug to prevent another person:
From committing, or continuing to commit an offence in connection with that drug
and
As soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug
or
Deliver it into the custody of a person lawfully entitled to take custody of it.
Section 5(4) misuse of drugs act 1971
General defence for misuse defence
– Not a recognised defence in law, the onus is on the defendant to prove in court
In court the defendant must prove:
• That they did not know the existence of the item
• That they lacked suspicion of the item
• That they had no reason to suspect the existence of the item
The defendant will have a defence if they did not believe or suspect it was a controlled drug AND that they had no reason to suspect it was a controlled drug.
Section 4 misuse of drugs act 1971 (supply)
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 a drug to another . Be concerned in the making of an offer to supply a drug to another
Section 5(3) misuse of drugs act 1971 (possession)
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
3 courses of action for cannabis
cannabis warning
penalty notice for disorder
arrest
aggravating factors to consider an outcome for cannabis
public place or view
locally identified policing problem
protecting young people
repeat or persistent offenders
impact on the offender
Search & seizure: police powers
Section 23 misuse of drugs act 1971
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the Misuse of Drugs Act 1971 or of any regulations made under it, the constable may:
1. Search that person and detain them for the purposes of that search
2. Search any vehicle or vessel in which the constable suspects that the drug may be found
3. Seize and detain anything found which appears to be evidence of an offence under this Act
What are psychoactive substances?
stimulants
downers/sedatives
psychedellics/hallucinogens
what is the substance
Psychoactive substances act 2016
A substance capable of producing a psychoactive effect in a person who consumes it. A substance produces a psychoactive effect in a person (if by stimulating or depressing the persons central nervous system, it affects the persons mental functioning or emotional state).
Producing a psychoactive substance
Section 4 Psychoactive substances act 2016
Intentionally produce a substance knowing or suspecting it to be PAS
and
Intends to consume PAS for its psychoactive effects,
or
Knows/reckless as to whether, the PAS is likely to be consumed by some other person for its effects.
Supplying, offering to supply a psychoactive substance
section 5 Psychoactive substances act 2016
- Supply of a psychoactive substance
- Offering to supply a psychoactive substance
For supply must be psychoactive substance and covers distribution The transaction does not need to result in payment or reward and would include social supply between friends.
– Aggravation of offence under section 5 (if the supply is in the vicinity of a school, involves the use of a person under 18 years of age or occurs in a custodial institution).
section 6 Psychoactive substances act 2016
In the vicinity of school premises at a relevant time e.g., when the school premises are in use by persons under the age of 18
And this includes
one hour before the start and one hour after the end of any such time
OR
A courier was used by the offender, who at the time of the offence was under the age of 18
OR
Committed whilst in a custodial institution.
Possession of a psychoactive substance with intent to supply
Section 7 Psychoactive substances act 2016
- the person is in possession of a psychoactive substance,
- the person knows or suspects that the substance is a psychoactive substance, and
- the person intends to supply the psychoactive substance to another person for its consumption, whether by any person to whom it is supplied or by some other person, for its psychoactive effects.
Importing or exporting a psychoactive substance
Section 8 Psychoactive substances act 2016
Importing or exporting a psychoactive substance
–Possession of a psychoactive substance in a custodial institution
Section 9 Psychoactive substances act 2016
Except in a ‘custodial institution’ (Section 9) such as:
• Prison
• young offenders institution
• secure training centre
• secure college
• juvenile justice centre
• remand centre
• short term holding facility
• removal centre
• pre departure accommodation (immigration facility)
• service custody premises (armed forces)
This will also apply to those working and visiting these premises.
police power stop and search
Section 36 psychoactive substances act 2016 – persons
Police Officer has reasonable grounds to suspect that a person has committed, or is likely to commit, offences under sec 4 to 9 or section 26
he may
search the person for relevant evidence,
and
stop and detain the person for the purposes of the search, any place to which the officer lawfully has access (whether or not it is a place to which the public has access).
Police power stop and search
section 37 psychoactive substances act 2016 – vehicles
Where a police or customs officer has reasonable grounds to suspect that there is relevant evidence in a vehicle (which is not a dwelling) he may at any time and in any place to which the officer lawfully has access (whether or not it is a place to which the public has access)
enter the vehicle and search it for relevant evidence, stop and detain the vehicle for the purposes of entering and searching it
