Drugs, Alcohol and Substance Misuse Flashcards
s5(2) Misuse of Drugs Act
s5(2) Misuse of Drugs Act
“It is an offence for a person to [unlawfully] have a controlled drug in his possession.”
s5(2) Misuse of Drugs Act
“It is an offence for a person to [___] have a ____ ____ in his ____.”
s5(2) Misuse of Drugs Act
“It is an offence for a person to [unlawfully] have a controlled drug in his possession.”
Possession points to prove
custody or control of the substance AND knowledge of its existence, even if they thought it was something else
s5(2) MDA points to prove
that the possession is not lawful
that the substance is a controlled drug,
that the suspect had the substance in their possession.
How much drug does someone need to be carrying for s5(2) MDA offence?
it must be visible, tangible and measurable but can be very small
Defences for s5(2) offences
Knowing or suspecting [the substance] to be a controlled drug, takes possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug
AND:
- as soon as possible after taking possession, they take all such steps as are reasonably open to them to destroy the drug
OR
- deliver it into the custody of a person lawfully entitled to take custody of it.”
s4(2) MDA
s4(2) MDA
It is an offence to produce or be concerned in the production of a controlled drug without a license.
s4(3) MDA
s4(3) MDA
It is an offence to unlawfully:
- supply or offer to supply a controlled drug to another;
- or be concerned in the supplying of such a drug to another
- or be concerned in making an offer to supply a controlled drug to another.
s5(1) PSA
It is an offence to intentionally supply a psychoactive substance to another if the suspect:
- knows or suspects the substance is psychoactive
- and knows or suspects or is reckless as to whether another is likely to consume it for its psychoactive effects
s5(3) MDA PWITS
s5(3) MDA
It is an offence to possess a controlled drug with intent to supply it unlawfully.
s5(3) MDA points to prove
s5(3) MDA
any controlled drug is in their possession
they intended to unlawfully supply it to someone
s8 MDA
s8 MDA
to occupy or manage a premises and knowingly permit or suffer:
- production or attempt to produce a controlled drug
- supplying, attempting or offering to supply a controlled drug to another
- preparing opium
- smoking cannabis or prepared opium
Under the Misuse of Drugs Act 1971, controlled drugs are categorised as Class A, B or C drugs according to the potential for harm that they are thought to present. The Class that a drug is contained within will impact on the mode of trial and sentences for possession and supply of the drug in question.
Which of the below comments is correct in relation to herbal cannabis?
A. It is a Class A drug.
B. It is a Class B drug.
C. It is a Class C drug.
D. It is not a controlled drug.
Herbal cannabis is a Class B drug (often accounting for the vast majority of Class B drug seizures).
DICKENSON is driving his car along a road in an erratic manner and is stopped by PC FOLLETT. PC FOLLETT speaks to DICKENSON who behaves in such a way that PC FOLLETT suspects he has controlled drugs in his possession and searches DICKENSON. PC FOLLETT finds what he suspects to be cocaine in DICKENSON’s trouser pocket. DICKENSON is arrested and a search of his house takes place during which an amount of cannabis is found in the bedroom of the house. It is discovered that DICKENSON has ordered and paid for several boxes of temazepam tablets to be sent to his house (they are yet to arrive). In interview, DICKENSON confesses to knowing about all of the drugs.
Which drugs would DICKENSON be in ‘possession’ of for the purposes of an offence under s. 5(2) of the Misuse of Drugs Act 1971 (possession of a controlled drug)?
A. The cocaine in his trouser pocket only.
B. The cocaine in his trouser pocket and the cannabis found in his house.
C. The cocaine in his trouser pocket, the cannabis in the house and the temazepam tablets on order.
D. The cocaine in his trouser pocket and the temazepam tablets on order.
The offence of unlawful possession of a controlled drug requires that the person must have custody or control over the drug, know that it is in their custody or control and that it was a controlled drug. DICKENSON has confessed he knows about all of the drugs so you must consider whether he has the drugs in his custody or control. Control of a substance is indicated by the rights the person has over the substance, and generally amounts to ownership. It would include:
- items found on a person (the cocaine in his trouser pocket);
- items found in a person’s property (the cannabis at his house); and
- items a person has ordered and paid for but has not yet received (the tamazepam he has ordered).
So DICKENSON would be in ‘possession’ of all three drugs (correct answer C), making answers A, B and D incorrect.
LEWIS is drinking in the bar of ‘The Cherry Tree’ pub. He is not drunk but begins to behave is a disorderly way resulting in HOLMAN (the owner and holder of the premises licence at the pub) requesting him to leave. LEWIS refuses to do so. HOLMAN is joined by several members of pub staff and under pressure, LEWIS leaves - on his way out HOLMAN tells LEWIS he is ‘barred’ from the pub for life. Several hours later LEWIS attempts to get into ‘The Cherry Tree’ again but is stopped from doing so by HOLMAN. HOLMAN calls the police to complain about LEWIS and PC ANSTEAD visits the pub. Whilst the officer is there, LEWIS manages to get into the pub. PC ANSTEAD requires him to leave and he refuses to do so.
At what stage, if at all, does LEWIS first commit an offence of failing to leave licensed premises (contrary to s. 143(1) of the Licensing Act 2003)?
A. When HOLMAN requires him to leave the pub and he fails to do so.
B. When he attempts to get into the pub having been barred.
C. When PC ANSTEAD requires him to leave the pub and he fails to do so.
D. He does not commit the offence as he is not drunk.
A drunk or disorderly person (answer D is incorrect) commits a summary offence under s 143(1) of the Licensing Act 2003 if without reasonable excuse he/she:
• fails to leave relevant premises (when requested to do so by a police officer or a responsible staff member); or
• enters (or attempts to enter) relevant premises having been requested not to enter.
The offence is committed when LEWIS fails to leave relevant premises (the pub) when requested to do so by a responsible person (HOLMAN) - answers B and C are incorrect.
