Supply Of Controlled Drugs Flashcards
What 3 things must you prove for offence of being concerned in the supply/offer of controlled drugs?
A) the actual supply of or making an offer to supply a controlled drug
B)the participation of the defendant in that enterprise
C) knowledge by the defendant that the enterprise involved the supply of or making of an offer to supply a controlled drug
When is offence of supply complete
When offer is made. Even if they don’t have means to meet the offer and even if they don’t intend to carry it out
If offer is made to undercover police then offence is still complete
If dividing up drugs jointly bought, is it an offence of supplying to give them out to each other?
Yes
Is injecting X with their own heroin supplying?
No. It’s their own
Definition of possession with intent to supply
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another person
If more than one person had possession of said drug you must show an individual intention to supply it by each charged
No enough to show a joint venture whereby one or more parties simply knew of another’s intent
Occupiers responsibility concerning drugs on premises
Guilty if, being the occupier or concerned in the management of any premises he knowingly permits or suffers any of the following activities to take place on those premises
a) producing or attempting to produce a controlled drug in contravention of section 4
b) supplying or attempting to supply a controlled drug to another
c) preparing opium for smoking
d) smoking cannabis, canabis reisin or prepared opium
What is power to search under misuse of drugs?
Section 23
What does section 23 Misuse of Drugs allow constable to do?
1) search premises who manufacture controlled drugs ie factories
2) a constable WITH REASONABLE GROUNDS TO SUSPECT
i) search person
ii) search vehicle or vessel
iii) seize and detain evidence
What needs to be done to search premises
JP signs warrant if satisfied
A) there are controlled drugs there
B) there are documents relating to transaction of drugs there
How long does warrant under misuse of drugs last?
One month from date warrant was signed by JP
What is power under 23a Misuse of Drugs act for?
Searching for temporary class drugs
Allows an officer to search for and seize and destroy any temporary class drugs ie legal highs
Even though no offence of possession it’s done so as to protect the person
If can prove intent to supply etc then it’s an offence
Possession of temporary class drug - is it an offence?
No.
But all other offences eg supply etc are offence
