Drugs & POCA Flashcards
(21 cards)
Section 5 (2)
Possession of a controlled drug/substance
Possession
Controlled Drug
Lawful Authority
Knowledge
Section 5 (3)
PWITS
Whether lawfully or not
Intent
Section 4 (3)
Supply of a controlled drug
Supplies
Offers to supply
Controlled drug
Concerned in the supply
Concerned in making an offer to supply
Merely the offer is sufficient
Section 5 (2) (Possession) (Maximum Sentence)
Class A (Either Way)
Summary - 6 Months
Indictment - 7 Years
Class B (Either Way)
Summary - 3 Months
Indictment - 5 Years
Class C (Either Way)
Summary - 3 Months
Indictment - 2 Years
Disposal Options
Community Resolution
PND
Arrest
Conditional Caution
Simple Caution
Section 23
Power to search under the Misuse of Drugs Act 1971
Section 23 (4)
The intentional obstruction of a police constable or (other authorised person), or the concealment of items is an offence, contrary to section 23 (4) of the act.
Psychoactive Substances Act 2016
Section 4
Producing Psychoactive Substances
Psychoactive Substances Act 2016
Section 6
Supplying or offering to supply them
Psychoactive Substances Act 2016
Section 7
Possession with intent to supply
Psychoactive Substances Act 2016
Section 8
Importing or exporting them
Psychoactive Substances Act 2016
Section 9
Possession in a custodial institution
Psychoactive Substances Act 2016
Maximum Sentence
7 Years
2 Years possession in custody
Section 5 (4)
Defence to Unlawful Possession
As soon as possible after taking possession, they took all reasonable steps as were reasonably open to them to – destroy the drug
OR
To deliver it into the custody of a person
lawfully entitled to take custody of it;
POCA
Proceeds
Of
Crime
Act
Civil Offence. Can be seized and does not require a charge or conviction.
When can you seize cash under POCA?
Over £1000 of any currency (Cheques or bonds)
Suspect it has come from or intended to be used for criminal activity
Who do you contact for advice when seizing Cash?
ECU
Economic Crime Unit
How long can cash be kept under seizure for?
When does this need to be authorized and by who?
3 Months (and then 2 Years)
Must be ordered within 48 hours. Magistrates
Process of seizing cash
Gloves are worn
Photographs
Doubled bagged and sealed, gloves in second bag.
2 officers present
Give receipt of receipt
What sections of POCA can cash be detained?
Section 294-298
Community Resolution
Informal warning with consequences of doing community work
