Drug Offences 10 Flashcards
Statutory limitations for drug charges (filing charging documents)
Statutory limitations for drug charges (filing charging documents)
- Dealing (s6)
- Cultivating (s9)
- 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.
Definition of dealing offence
Definition of dealing offence
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)
Delivery of drug exhibit
Delivery of drug exhibit
- In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
- 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.
Admissibility of the certificate (s31(3)(a))
Admissibility of the certificate (s31(3)(a))
- The defendant is served at least 7 days before the hearing and provided with a copy of the analyst’s certificate
- The defendant does not, at least 3 days before the hearing, give written notice that the analyst be called
- The court does not request the oral evidence of the analyst
90 seconds rule
90 seconds rule
This rule assumes that if offenders are moving inside the lab then the atmosphere will sustain life.
The IET can safely enter and remove suspects for up to 90 seconds (wearing minimum level of protection)
Who can call a landslide in Clan Lab?
Who can call a landslide in Clan Lab?
Any member of the initial entry team
Definition of emergency -
Definition of emergency -
a. actual or imminent danger to human health or safety or
b. a danger to the environment or chattels so significant that immediate action is required
to remove the danger arising from a hazardous substance or new organism
