Misuse of Drugs

Question 1

What are the five misuse of drugs act offences?

Answer 1

• Cultivation of a prohibited plant
• Possession of a controlled drug
• Possession of instruments (Pipe Utensil)
• Possession of instruments (Needle or syringe)
• Permit use of premises OR Permits use of vehicle

Question 2

What does the presumption for supply mean?

Answer 2

If the following drugs are located in the following amount then there is a presumption for supply.

• 0.5g cocaine
• 5g Morphine
• 5g methamphetamine
• 28g of cannabis
• 56g of a controlled drug
• 100g of cannabis cigarettes

Question 3

Name two class C drugs?

Answer 3

Cannabis leaf

Cannabis seed

Question 4

Name two class B drugs?

Answer 4

Cannabis hash
Cannabis resin
Morphine
MDMA - ecstasy

Question 5

Name two class A drugs?

Answer 5

LSD
Heroin
Cocaine
Methamphetamine

Question 6

What do you need to prove for a prima facie case of possession of a controlled drug?

Answer 6

Possession + Knowledge + Usable quantity
-Possession = that the person was able to exercise some form of control over the drug
- Knowledge = that they knew what the drug was or that it was a controlled drug in their possession
Usable quantity.

Question 7

In a practical situation what are four basic questions to ask an offender found to be in possession of a controlled drug?

Answer 7

• what is it?
• Whose is it?
• Why have you got it?
• What do you do with it?

Question 8

If I have reasonable grounds to believe that a controlled drug or precursor substance AND you have reasonable grounds to believe that it is not practicable to obtain a warrant. What can I do under what act and section?

Answer 8

Section 20 of the Search and Surveillance Act 2012

without warrant enter any place or vehicle.

Question 9

If you have reasonable grounds to suspect that in or on the place/vehicle an offence is being, been, or about to be committed what can I do?

Answer 9

Enter that place or vehicle under section 20 of the Search and Surveillance Act 2012

Question 10

If I have RGTB Precursor substances and RGTB that it is not practical to obtain a warrant. and I have RGTS an offence against MODA has, is or is about to be committed and RGTB that if I do not enter now then evidence will be CADD then what may I do

Answer 10

ENTER
SEARCH places or vehicles
SEIZE
USE FORCE

Question 11

What is section 21 of the Search and Surveillance Act 2012 relate to?

Answer 11

Search of people found in places/vehicle

Question 12

If you are conducting a search under 20 what are you able to do?

Answer 12

Search any person found in or on that place or vehicle without warrant.
I can detain, search and seize from that person(s)

Question 13

What are my powers under section 121?

Answer 13

• Stop a vehicle
• Require to be remained stopped
• Detain a person for the duration of the search
• Secure the vehicle or place for duration of the search
• Detain any person at the vehicle/place who arrives at the place/vehicle or tries to enter and determine if there is a connection
• Use reasonable force to effect entry
• Seize and drugs or anything lawfully sezied

Question 14

What is my key to unlock the search powers?

Answer 14

s125 - RAN

s131 - RAIN

Question 15

When I detain someone for the purposes of a search what must I do?

Answer 15

caution/rights them

Question 16

What does section 22 of the Search and Surveillance act 2012 cover?

Answer 16

Search a person
RBTB - possession a controlled drug or precusor
RGTS and offence against MODA was, is or is about to be committed
RAN

Question 17

Do class c drugs make distinction on age?

Answer 17

Yes
18-
18+

Question 18

If I was to come across a clandestine Laboratory what must I do?

Answer 18

• Freeze where you are and take note of what is around
• Take a photos and make notes on what I have seen
• Get out of there and don’t disturb the scene
• EXPERTS in asap
• equipment descriptions and location
• names of chemicals
• anything split
• what the offender said

Question 19

What problems could arise when handling drugs?

Answer 19

1-Contamination of exhibits
2-Damage to fingerprints
3-Break in the chain of evidence

Question 20

What is the process for handling drug exhibits?

Answer 20

1-Note position that seized from
2-Photograph them
3-Show exhibit to suspect(no touch)
4-Seize/secure/bag
5-Prepare POL374 & POL268
6-Place drugs in drug safe

Question 21

What role does the NDIB have?

Answer 21

National Drug Intelligence Bureau
Jointly run customs,police and health development
Collate all drug related information

Question 22

What is the ESR and what do they do?

Answer 22

• Drugs sent to ESR for analysis

- certificate of analysis sent back the analyst does attend court

Question 23

What does ESR stand for?

Answer 23

The institute for Environment Science and Research

Question 24

What are the questions that I should ask someone that show knowledge of possession of drugs?

Answer 24

What is it?
Whose is it?
Why have you got it?
What do you do with that?

I have just found this tin foil package in your bag. Why do you have it?

Question 25

What is the precursor drug used for manufacture of methamphetamine?

Answer 25

• Contact NT

- Pseudo-ephedrine

Question 26

What should you always do when dealing with drug suspects at a scene?

Answer 26

secure the scene detain them. Then arrest

Question 27

What is the presumption of knowledge relating to drugs?

Answer 27

Queen v Stawbridge
The onus is on the person to prove innocence
(The accused charge with cultivation of cannabis plants. The court of appeal ruled it was not necessary for the crown to establish knowledge on part of the accused)

Question 28

For cultivation what two things are required to prove an offence?

Answer 28

The person must complete an act promoting germination or growth and know that the plant is prohibited.