OF15 Drugs Flashcards
Warrantless drug searches
Section 20, 21 and 22 search and surveillance act 2012
Categories for offences
- Dealing
- Possession
- Cultivation
- Possession of instruments
- Permitting premises to be used
Dealing with controlled drugs
Section __ Misuse of drugs act 1975
ELEMENTS
Section 6
1. No person shall import/export/produce or manufacture
- Sell/supply or administer to any person
- Have in their possession with intent to supply or administer
- Any controlled drug
Presumption of possession for supply
- 0.5g of coke/heroin
- 5g morphine
- 5g Meth
- 5g MDMA
- 100 joints
- 28g cannabis plant
What else could be present to charge someone with possession for supply
Instruments, scales, packaging, large amounts of cash
Bail for Class A or B drugs
Can only be granted by high court
Bail for class C drugs
Distinction made between supplying to people over and under 18 years
Possession OR use of controlled drug
Section __ Misuse of drugs act 1975
ELEMENTS
Section 7 - PPCSO 1. Procure - Purchase or obtain OR Possess - Knowingly has in possession/control/useable OR Consume - Ingest (eat or drink) OR Smoke - Inhale OR Otherwise use - Use of drug in any manner
- Any controlled drug
Needed to prove prima facie?
Possession - in possession of, and able to exercise some form of control over it
Knowledge - That they knew what the controlled drug was or that it was a controlled drug of sort, and that it was in their possession
Useable quantity - The amount of drug was enough to be used
Cultivation of Prohibited Plants
Section __ Misuse of drugs act 1975
ELEMENTS
Section 9
1. Cultivates - to grow or germinate (includes sow/plant)
- A prohibited plant
To be charged with cultivation of prohibited plants offender must..?
- Have completed the act and know the plant was prohibited
- Be questioned about nature of plant being cultivated: watered, where fertiliser was purchased etc
Police must record, height and yield of plant because this info will be used in court
Permits use of premises or vehicle
Section __ Misuse of drugs act 1975
ELEMENTS
Section 12
1. Knowingly permits - Intentionally allows
- Any premises - Lang, building or structure inc surroundings
OR
Motor Vehicle - A contrivance equipped with wheels, tracks or revolving runners
OR
Other mode of conveyance - any other means of transport - To be used for the purpose of the commission of an offence under the Misuse of drugs act 1975
Possession of instruments
Section __ Misuse of drugs act 1975
ELEMENTS
Section 13
1. Has in his possession
- Any pipe
OR
Any utensil - For any purpose
How to you prove instrument was capable of being used?
- not broken
- not an ornament, must have intention of use
Possession of equipment, material, substances
Section __ - Misuse of drugs act 1975
ELEMENTS
Section 12A
1. Has in his possession
- Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of prohibited plant
OR
Any precursor substance - With intent to use it for producing/manufacturing/cultivating a controlled drug
Definition of possession
- Complete physical control over the thing
- Knowledge of its: existence, situation, qualities
- The thing is received from a person who intends to confer possession of it
- The thing is held with the intention to possess it exclusively from others
Section 22 S&S Act 2012
Warrantless search for controlled drug on PERSON in public place
Section 20 S&S Act 2012
Warrantless entry and search for controlled drug in PLACES and VEHICLES.
RGTB that CADD will occur
Section 21 S&S Act 2012
Warrantless search of people FOUND in places or vehicles
Define “procure”
Purchase or obtain
Define “Possess”
Knowingly has in their possession or control
Define “Cultivate”
Grow or germinate
Define “Syrnge”
Hollow tube with nozzle and piston used for sucking or injecting liquid
