Resource Questions Flashcards
What activities does the term ‘supplying a drug’ cover?
Supplying drugs includes distributing, giving or selling drugs.
What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?
The elements of the offence of offering to supply are:
− the use of words that convey an offer
− the intention to make the other person believe the offer that has been made is real.
The offender need not have the drugs nor even intend to sell them to be guilty of the offence.
What difference does age make to the offences involving Class C controlled drugs?
The difference in age regarding drug offences means that, when the receiver is:
− under 18 years of age, it is illegal to supply or administer, or offer to supply or administer, a Class C controlled drug to them
− over 18 years of age, the only offences are to sell, or offer to sell, them a Class C controlled drug.
Mike has been charged with possession of 5 grams of methamphetamine. List the four things you have to prove in relation Mike’s possession of that drug?
To prove possession of a drug, the Crown must prove that Mike had:
− knowledge that the drug exists
− knowledge that it is a controlled drug
− actual physical control or some degree of control over it
− an intention to possess it
In relation to an offence against s9 of the Misuse of Drugs Act 1975, what must you prove?
You must prove the identity of the suspect and that he or she cultivated a prohibited plant.
What is the difference between the offence of obstruction contained in the Summary Offences Act 1981 and the Misuse of Drugs Act 1975?
The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers under the Misuse of Drugs Act 1975.
Under section 9(4) there is a defence to a charge of cultivation of a prohibited plant. What is this defence?
It shall be a defence to a charge of cultivation of a prohibited plant if the person charged proves that the prohibited plant was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug nor that it was being developed as a strain from which a controlled drug could be produced.
Describe the two different types of controlled deliveries.
There are two options with controlled deliveries. One is a “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed for those apprehended.
The second option is to leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to people or places that are not covered by search warrants. The remainder of the drugs are substituted.
Name the two main types of tracking devices.
The two main forms of tracking devices are Beacon and GPS.
You are part of a controlled delivery investigation that has installed a tracking device without a surveillance device warrant (SDW), what is the time period in which it either needs to be removed or a SDW (tracking device) should be obtained?
48 Hours
You have arrested a local methamphetamine manufacturer who is in possession of 30 kilos of substance pseudoephedrine. What schedule of the Misuse of Drugs Act 1975 would you find pseudoephedrine?
Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).
You are part of a controlled delivery investigation. The targets have left with the consignment in the boot of a vehicle. It is not practicable to obtain a search warrant for the vehicle. You have been directed to stop and search the vehicle. Explain what power(s) you can use to stop and search this vehicle?
As it is impracticable to obtain a search warrant for the vehicle you can stop the vehicle pursuant to section 121 of the Search and Surveillance Act 2012, to exercise a power of search. You can then search the vehicle for evidential material relating to the controlled delivery under section 81 of the Search and Surveillance Act 2012. You should record all decisions around stopping the vehicle in your notebook.
What is the definition of the term ‘private communication’?
Private communication-
(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so
D/Const Smith has received information in relation to alleged methamphetamine dealing activity at a local address. To corroborate this information she finds a suitable place to observe the driveway and garage only, which can also be seen from the road. She commences recording of vehicles entering and leaving the driveway. She is also able to record people entering and exiting the garage via side door. After 2 hours she feels she has enough footage and returns to the station. She comes to you and asks whether or not she can use the footage as part of her investigation without having used a surveillance device warrant? What advice would give D/Const Smith, outlining relevant legislation where relevant?
Yes she can use the footage without having obtained a surveillance device warrant. D/Const Smith has observed private activity in the curtilage of private premises and recorded those observations by way of a visual surveillance device without exceeding 3 hours in any 24-hour period or 8 hours in total. Section 46(1)(e) of the Search and surveillance Act 2012.
What has been held by the courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?
What has been held by the courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?
R v Rankine [1986] 2 All ER 566
“It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves”.
