Misuse of drugs Act police powers Flashcards
Q: What are the police powers in relation to the misuse of drugs Act?
S23 1971 Act- provides officers with a number of specific enforcement powers.
- The power to enter business premises and inspect the books
- The power to search persons and vehicles where possession is suspected
- To seize and detain anything found
Q: What is the police power under s23(1)?
Power to enter business premises
(1) A constable or other person authorised on his behalf shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
This gives officers the power to check up on any concerns and ensure that the business is functioning properly in line with their legal obligations.
Q: What does s23(4) make it an offence to do?
By virtue of s23(4), it makes it an offence to conceal any such books, documents, stocks or drugs or to fail without reasonable excuse to produce them when demanded.
Q: What is the police power under s23(2)?
Power to search, seize and detain
(2) If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations or temporary class drug orders thereunder, the constable may-
(a) search that person, and detain him for the purpose of searching him;
(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c) seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.
Q: What must the officer possess in order to carry out these powers?
The exercise of these powers depends on there being reasonable grounds to suspect possession of a controlled drug in contravention of the 1971 Act.
Q: Would this s23 power apply to simple possession of a temporary class drug order?
No!
Q: Does it just include searching the person or items under that persons possession?
The power to search a person under s23 must logically extend to searching things in his immediate possession such as a bag or hold all.
Q: Can a warrant be obtained to search premises?
Under s23(3) a warrant can be sought to search premises.
If a Magistrate is satisfied by information on oath that there is reasonable ground for suspecting—
(a) that any controlled drugs are, in contravention of this Act or of any regulations or temporary class drugs order made thereunder, in the possession of a person on any premises; or
(b) that a document directly or indirectly relating to, or connected with, drug dealing is in the possession of a person on any premises
Q: How specific must the warrant be in terms of the premises that can be searched and what type of warrant it is?
The warrant must name the particular premises that may be searched on its authority and it is only those premises any persons on them that may be searched under its authority.
If it is a warrant to search premises only you will not be able to search persons found on that premises, under the warrant.
Where the warrant authorises the search of premises and people, case law states that you may restrict the movement of people on the premises to carry out the search eg: stop them leaving or keep them in one room.
Q: Can officers use reasonable force?
Force may be used if necessary to enter the premises and you can seize and detain any documents or drugs found.
Q: How long do these types of warrant last for?
Code A PACE will apply to these warrants and they last for 1 month from the date of issue.
