Misuse of Drugs Act, 1975 Flashcards
4 types of Class A drugs..
Meth/P/ice, LSD, Heroin, Cocaine,
5 types of Class B drugs..
Cannabis Resin/Oil, Ecstasy, Morphine, Opium, Methadone
3 types of Class C drugs..
Cannabis Leaf/Seed/Fruit, Pseudo-ephedrine, Codeine, BZP
Regarded as an INDICATION of “Possession for Supply”
.5g Cocaine/Heroin, 5g Morphine, 5g Meth, 56g other controlled drugs, 100 cannabis cigarettes, 28g cannabis
3 things you need to prove prima facie
1)Possession 2)Knowledge 3)Usable quantity
1) Possession
That the person was in POSSESSION/CONTROL over the controlled drug
2) Knowledge
That THEY KNEW what the controlled drug was (of some type) and IN THEIR POSSESSION
3) Usable Quantity
That the AMOUNT of the drug was ENOUGH TO BE USABLE
Proving prima facie can be obtained by asking…
What is it? Whose is it? Why have you got it/why do you have it? What do you do with it?
Put a direct allegation to the offender…
“I have found a tinfoil package of cannabis in your back pocket. Why do you have it?”
Powers of Search…
S S Act 2012, S.20, 21, 22
Statutory obligations S.125 (RAN) / S.131 (RAIN)
MUST S.169
S S Act 2012, S.20 is?
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)
S S Act 2012, S.21 is a warrantless search of?
Warrantless searches of PEOPLE found in or on PLACES/ VEHICLES
S S Act 2012, S.22 is warrantless search for?
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)
Cultivate definition?
Means to SOW, PLANT etc for a charge of cultivating to be proved, the offender must have known that the plant was prohibited
The powers under S.20 and S.22 are only available when?
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
If you utilise these powers what are your statutory obligations?
You must also advise the person of their rights/caution pursuant to the BoR Act 1990 because you are detaining them under an enactment
Under what circumstances can you use these powers?
When URGENT ACTION IS NEEDED TO SECURE EVIDENCE. USE THEM ONLY IN AN EMERGENCY and obtain an NCO’s authority beforehand
When invoking S.20, 21, 22 what must you have?
BELIEF that the controlled drug you are searching for is contained within schedules
