Misuse of Drugs Flashcards
What are the five misuse of drugs act offences?
- 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
What does the presumption for supply mean?
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
Name two class C drugs?
Cannabis leaf
Cannabis seed
Name two class B drugs?
Cannabis hash
Cannabis resin
Morphine
MDMA - ecstasy
Name two class A drugs?
LSD
Heroin
Cocaine
Methamphetamine
What do you need to prove for a prima facie case of possession of a controlled drug?
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.
In a practical situation what are four basic questions to ask an offender found to be in possession of a controlled drug?
- what is it?
- Whose is it?
- Why have you got it?
- What do you do with it?
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?
Section 20 of the Search and Surveillance Act 2012
without warrant enter any place or vehicle.
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?
Enter that place or vehicle under section 20 of the Search and Surveillance Act 2012
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
ENTER
SEARCH places or vehicles
SEIZE
USE FORCE
What is section 21 of the Search and Surveillance Act 2012 relate to?
Search of people found in places/vehicle
If you are conducting a search under 20 what are you able to do?
Search any person found in or on that place or vehicle without warrant.
I can detain, search and seize from that person(s)
What are my powers under section 121?
- 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
What is my key to unlock the search powers?
s125 - RAN
s131 - RAIN
When I detain someone for the purposes of a search what must I do?
caution/rights them
What does section 22 of the Search and Surveillance act 2012 cover?
Search a person
RBTB - possession a controlled drug or precusor
RGTS and offence against MODA was, is or is about to be committed
RAN
Do class c drugs make distinction on age?
Yes
18-
18+
If I was to come across a clandestine Laboratory what must I do?
- 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
What problems could arise when handling drugs?
1-Contamination of exhibits
2-Damage to fingerprints
3-Break in the chain of evidence
What is the process for handling drug exhibits?
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
What role does the NDIB have?
National Drug Intelligence Bureau
Jointly run customs,police and health development
Collate all drug related information
What is the ESR and what do they do?
- Drugs sent to ESR for analysis
- certificate of analysis sent back the analyst does attend court
What does ESR stand for?
The institute for Environment Science and Research
What are the questions that I should ask someone that show knowledge of possession of drugs?
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?
What is the precursor drug used for manufacture of methamphetamine?
- Contact NT
- Pseudo-ephedrine
What should you always do when dealing with drug suspects at a scene?
secure the scene detain them. Then arrest
What is the presumption of knowledge relating to drugs?
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)
For cultivation what two things are required to prove an offence?
The person must complete an act promoting germination or growth and know that the plant is prohibited.
