Prosecution Procedure Manner of Proceeding

Question 1

Offences against section 6

Answer 1

These include:
* importing or exporting
* producing or manufacturing
* supplying or administering, or offering to supply or administer
* selling or offering to sell (Class C only)
* possessing for any of the above purposes any controlled drug.

Question 2

Offences against section 7

Answer 2

These include:
* possession and consuming controlled drugs
* supplying, administering or offering to supply or administer Class C controlled drugs.

Question 3

Election

Answer 3

As with all offences, the category of offence will determine if the drug offence is electable for trial by jury. Therefore if the offence is a category three offence (punishable by imprisonment of two years or more) the defendant will have the right to elect trial by jury. However if the offence is a category two offence (punishable by imprisonment of less than two years or a community based sentence) the defendant doesn’t have the right to elect trial by jury.
Police are not able to choose the jurisdiction.

Question 4

Procedure for charges heard together

Answer 4

Section 139 of the Criminal Procedure Act outlines the procedure if charges are to be held together. If one charge is to be tried by a jury, then all charges must be tried by a jury.