Prosecutions

Question 1

Section 16 Bail Act 2000

Answer 1

• Bail for drug dealing offences may be granted by High Court or District Court Judge only.

Question 2

Points for Large-scale commercial cultivation

Answer 2

• Volume of cannabis found in the Defendants possession
• Admissions made by the Defendant
• Intercepted communications
• Observation evidence, particularly over extended periods
• Significant cash holdings and/or movements
• Evidence of extensive crop yields

Question 3

Statutory limitations for drug charges (filing charging documents)

Answer 3

Section 28(a) allows you to file charges at any time for offences:
1. Dealing (s6)
2. Cultivating (s9)
3. Aiding offences against corresponding law in another country (s10)
Section 28(b) states the limitation period for any other offence against the Act or any regulations made under it, as four years after the date on which the offence was committed.

Question 4

Definition of dealing offence s3 bail act

Answer 4

a) Any offence against section 6 or 12C(1)(a) of the MODA in relation to class A B Controlled drug AND
b) an attempt to commit an offence in paragraph (a)

Question 5

Delivery of drug exhibit

Answer 5

1. In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
2. 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.

Question 6

Admissibility of the certificate (s31(3)(a))

Answer 6

1. The defendant is served at least 7 days before the hearing and provided with a copy of the analyst’s certificate
2. The defendant does not, at least 3 days before the hearing, give written notice that the analyst be called
3. The court does not request the oral evidence of the analyst