Temporary Class Drug Orders Flashcards
Q: Who can make a temporary class drug order and under what power?
By virtue of s2A 1971 Act, the Home Sec is empowered to make an order specifying any substance or product as a drug subject to temporary control, providing 2 conditions are met.
Q: What are the 2 conditions that need to be met?
(1) The drug is not already controlled under the Act as a Class A, B or C drug;
(2) The ACMD (Advisory Council on the Misuse of Drugs) has been consulted and determined that the order should be made, or the Home Secretary has received a recommendation from the Advisory Council that the order should be made, on the basis that it appears to the Home Secretary that:
(a) The drug is being, or is likely to be, misused; and
(b) The misuse is having, or is capable of having, harmful effects
Q: What is the purpose of a temporary class drug order?
The point is to give the Home Sec the power to act speedily, albeit temporarily, to deal with a pressing problem of misuse of a new harmful substance that has suddenly appeared on the market.
Q: What is an example of a temporary class drug order in recent years?
Psychoactive substances.
They were being called ‘legal highs’ and were trendy amongst young people. It was leading to a surge in drug induced deaths.
This type of drug was new on the market and therefore not subject to any legal provisions.
Q: What are the steps before a drug can become classified and controlled?
Before a substance is classified and controlled under the 1971 Act it will have been subject to numerous scientific, medical and social studies regarding its properties and its harmful effects and then will have gone through parliamentary scrutiny. This can take years!
Q: When does the order come into effect and how long does it last?
The order will come into immediate effect and will last for up to 12 months, subject to Parliament agreeing to it within 40 sitting days of the order being made.
The order enables the government to act to protect the public against harmful new psychoactive substances while expert advice is being prepared.
Q: What will the specified drug in the order be referred to as?
Referred to as a ‘temporary class drug’ and will be treated as a ‘controlled drug’ for the purposes of the Misuse of Drugs Act 1971 and other legislation, unless stated otherwise. This means that all the offences under the 1971 Act will apply to it.
Exception: simple possession. Possession with intent to supply under s5(3) will still be offence, but not simple possession under s5(2). Simple possession of a temporary class drug is not an offence under the 1971 Act.
Q: What additional powers were law enforcement officers given to counteract/combat this?
Simple possession of a temporary class drug is not an offence under the 1971 Act. However, to prevent harm to the individual we can:
- Search and detain a person (or vehicle etc.) where there are reasonable grounds to suspect that the person is in possession of a temporary class drug.
- Seize, detain, and dispose of a suspected temporary class drug.
- Arrest or charge a person who commits the offence of intentionally obstructing an enforcement officer in the exercise of their powers
Q: What are the penalties under the Act in relation to a temporary class drug?
Maximum 14 years’ imprisonment and an unlimited fine on indictment
6 months imprisonment and a £5,000 fine summarily
