Drugs

Question 1

S5 Misuse of Drugs Act

Answer 1

Possession offence

S5(1) - having controlled substances in his possession

S5(3) - offence to have controlled drug in his possession (legally or not) w/ intent to supply to another

Defences:
- They were destroying it
- They were handing into police

Question 2

S4(3) Misuse of Drugs Act

Answer 2

Supply Offence

Unlawful to:
a) Supply controlled drug to another
b) be concerned in supply of such a drug to another
c) be concerned in the making to another … an offer to supply such a drug

Common defences
- For personal use (buys in bulk)
- Modern day slavery

Question 3

Search power for drug offences

Answer 3

S23 Misuse of Drugs Act 1971

Power to stop & search ppl & vehicles
Can require vehicle to stop

If you suspect person is in possession of controlled drug

Search warrants for drugs & related documentation also under S23
- warrant lasts 1 month
- once search done - warrant expires

Question 4

Types of drug testing

Answer 4

Early Drug Identification Test - tests for class A in possession offences (put in sltn & shake –> changes colour)

Lab submissions

Authorised Drug Officers (ADOs)

Question 5

Sentencing for possession

Answer 5

Class A - 7 yrs and/or fine
Class B - 5 yrs &/or fine
Class C - 2 yrs &/or fine