Misuse of Drugs Act, 1975

Question 1

4 types of Class A drugs..

Answer 1

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

Question 2

5 types of Class B drugs..

Answer 2

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

Question 3

3 types of Class C drugs..

Answer 3

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

Question 4

Regarded as an INDICATION of “Possession for Supply”

Answer 4

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

Question 5

3 things you need to prove prima facie

Answer 5

1)Possession 2)Knowledge 3)Usable quantity

Question 6

1) Possession

Answer 6

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

Question 7

2) Knowledge

Answer 7

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

Question 8

3) Usable Quantity

Answer 8

That the AMOUNT of the drug was ENOUGH TO BE USABLE

Question 9

Proving prima facie can be obtained by asking…

Answer 9

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

Question 10

Put a direct allegation to the offender…

Answer 10

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

Question 11

Powers of Search…

Answer 11

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

Question 12

S S Act 2012, S.20 is?

Answer 12

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)

Question 13

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

Answer 13

Warrantless searches of PEOPLE found in or on PLACES/ VEHICLES

Question 14

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

Answer 14

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)

Question 15

Cultivate definition?

Answer 15

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

Question 16

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

Answer 16

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

Question 17

If you utilise these powers what are your statutory obligations?

Answer 17

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

Question 18

Under what circumstances can you use these powers?

Answer 18

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

Question 19

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

Answer 19

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