Prosecution

Question 1

Manner of Proceedings

Answer 1

Category 3 - Section 6 MODA1975
Can elect Trial > 2 years imprisonment.

Category 2 - Section 7 MODA1975: Possession & Consuming. Supply/administer/offer Class C.
Can’t elect Trial < 2 years imprisonment.

Question 2

Procedures for Charges to be Heard Together

Answer 2

Section 139 Criminal Procedure Act.

Question 3

Timing Limits

Answer 3

Section 28 of the Misuse of Drugs Act 1975

28(a) allows you to file charging documents at any time for offences of:

• dealing (s6)
• cultivating (s9)
• aiding offences against corresponding law in other country (s10).

28(b) states the limitations period for any other offence against the act or any regulations made under it, is four years after the date on which the offence was committed.

Question 4

Section 16 Bail Act 2000

Answer 4

Section 16 Bail Act 2000

Only Judge may grant bail for drug dealing offence:
A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.

Question 5

Section 17 Bail Act 2000

Answer 5

Restrictions on Bail if Defendant Charged with Serious Class A Drug Offence:

(1) This section applies to a defendant of or over 17 years who is charged with a serious Class A drug offence.
(2) No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
(3) The defendant but satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offences.
(4) Serious Class A drug offence - s6 or 12C(1)(a)

Question 6

Bail Application

Answer 6

Stage 1:
Application for bail must be made before a District/High Court Judge by the defendant’s counsel.

Stage 2:
OC should forward instructions/conditions of Bail to prosecutor, whether or not opposition of bail is sought. Gives a Judge “fall back” position in the event bail is granted.

Stage 3:
If Bail is opposed, full detailed reasons for opposition should be given.

Stage 4:
Judge will them remand the defendant for a case review hearing date or whatever is considered appropriate.

Question 7

Admissibility of Certificate

Answer 7

Don’t need to call expert to Court, can receive an certificate of their findings.

Admissible only if:

• The defendant is served at seven clear days of the hearing, and provided with a copy of the analysts certificate
• The defendant does not, at least three days before the hearing, give written notice that the analyst be called
• The court does not request oral evidence of the analyst

Question 8

Delivery of Drug Exhibits

Answer 8

S31(2) MODA 75

• In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
• By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory