Misuse of Drugs Act, 1975 Flashcards

1
Q

4 types of Class A drugs..

A

Meth/P/ice, LSD, Heroin, Cocaine,

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2
Q

5 types of Class B drugs..

A

Cannabis Resin/Oil, Ecstasy, Morphine, Opium, Methadone

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3
Q

3 types of Class C drugs..

A

Cannabis Leaf/Seed/Fruit, Pseudo-ephedrine, Codeine, BZP

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4
Q

Regarded as an INDICATION of “Possession for Supply”

A

.5g Cocaine/Heroin, 5g Morphine, 5g Meth, 56g other controlled drugs, 100 cannabis cigarettes, 28g cannabis

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5
Q

3 things you need to prove prima facie

A

1)Possession 2)Knowledge 3)Usable quantity

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6
Q

1) Possession

A

That the person was in POSSESSION/CONTROL over the controlled drug

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7
Q

2) Knowledge

A

That THEY KNEW what the controlled drug was (of some type) and IN THEIR POSSESSION

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8
Q

3) Usable Quantity

A

That the AMOUNT of the drug was ENOUGH TO BE USABLE

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9
Q

Proving prima facie can be obtained by asking…

A

What is it? Whose is it? Why have you got it/why do you have it? What do you do with it?

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10
Q

Put a direct allegation to the offender…

A

“I have found a tinfoil package of cannabis in your back pocket. Why do you have it?”

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11
Q

Powers of Search…

A

S S Act 2012, S.20, 21, 22
Statutory obligations S.125 (RAN) / S.131 (RAIN)
MUST S.169

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12
Q

S S Act 2012, S.20 is?

A

Warrantless search of PLACES/VEHICLES in relation to MODA 1975 offences (RGTB that in the place or vehicle there is; a controlled drug or precursor substance, not practicable to obtain a warrant, suspect that in or on the place or vehicle an offence against MODA has, is or about to committed and evidential material will be CADD)

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13
Q

S S Act 2012, S.21 is a warrantless search of?

A

Warrantless searches of PEOPLE found in or on PLACES/ VEHICLES

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14
Q

S S Act 2012, S.22 is warrantless search for?

A

Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975 (RGTB a person is in possession of a controlled drug or has, is or about to commit an offence against MODA 1975)

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15
Q

Cultivate definition?

A

Means to SOW, PLANT etc for a charge of cultivating to be proved, the offender must have known that the plant was prohibited

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16
Q

The powers under S.20 and S.22 are only available when?

A

Searching for drugs listed; Schedule 1 (Class A), Part 1 of Schedule 2 (Some Class B), Part 1 of Schedule 3 (Class C), A precursor substance specified in Park 3 of Schedule 4

17
Q

If you utilise these powers what are your statutory obligations?

A

You must also advise the person of their rights/caution pursuant to the BoR Act 1990 because you are detaining them under an enactment

18
Q

Under what circumstances can you use these powers?

A

When URGENT ACTION IS NEEDED TO SECURE EVIDENCE. USE THEM ONLY IN AN EMERGENCY and obtain an NCO’s authority beforehand

19
Q

When invoking S.20, 21, 22 what must you have?

A

BELIEF that the controlled drug you are searching for is contained within schedules