Misuse Of Drugs Act 1971 Flashcards

1
Q

Section 4(2)?

A

Production Charge
Offence to:
A - produce a drug OR
B - be concerned in the production

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2
Q

Section 4(3)

A

Supply Charge
Offence to :
A - supply or offer to supply
B - be concerned in the supply of such drug

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3
Q

Section 5(1) MDA 71 creates which offence

A

It is unlawful for any person to have a controlled drug in their possession

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4
Q

Section 5(2)?

A

Offence for any person to have a controlled drug in their possession without lawful authority

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5
Q

Section 5(3)?

A

Offence for any person to have a controlled drug in their possession whether lawful or not, with intent to supply it to another

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6
Q

Defences of possession?

A
  1. Preventing another from committing or continuing to commit an offence (parent)
  2. As son as possible after taking it they take all such steps as reasonably open to them to destroy it or deliver it in to the custody of a lawful person.
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7
Q

Section 8 Occupier/Manager?

A

Offence for occupier or manager of any premises to knowingly permit or suffer the premises to be used for any of the following:

  1. Production or attempt to produce a controlled drug
  2. Unlawfully supplying or attempting to supply a controlled drug
  3. Preparing opium for smoking
  4. Smoking cannabis, cannabis resin or prepared opium.
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8
Q

Which section allows search?

A

Section 23

Provided reasonable grounds of suspicion of possession then may search without warrant

A. Search person and detain them for the purpose of that search
B. Search any vehicle or vessel in which you suspect that drugs may be found.
C. Seize and detain anything found in the course of the search, which appears to be evidence of a drugs offence.

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9
Q

Section 24 provides what?

A

Power of arrest
May arrest without warrant anybody reasonably suspected of committing any drugs offence

Though CONDITIONAL
A. If you believe they will abscond
B. Name and address Unknown OR
C. Not satisfied with name and address provided

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10
Q

Section 4(1) MDA 71 creates the offence for?

A

Unlawful for a person to:
A - produce a controlled drug. OR
B - supply or offer to a supply a controlled drug to another

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