Supplies Class C to Person Under 18

Question 1

Section 6 (1) (d) - MODA 1975

Answer 1

Supply or administer OR
offer to supply or administer
any Class C controlled drug
to a person under 18 years of age

Question 2

Person under 18

Answer 2

Legislation recognises the vulnerability of young people and the fact that drug use is likely to have a greater impact on them than on an adult.

As age is an essential element of a charge under paragraph (d) the prosecution must prove the age the person to whom the drugs were supplied.

Question 3

PROOF OF AGE *

Answer 3

Where age is an essential element of a charge, the prosecution must prove the victim’s age at the time of the alleged offence, using the best evidence available to do so.

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate. eg. Parent

Question 4

R V FORREST AND FORREST

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.