Misuse of Drugs

Question 1

Possession Of A
Controlled Drug
Section 5 Misuse of Drugs Act 1971

Answer 1

It is an offence for any person to:
*Unlawfully;
*Have a controlled drug;
*In their possession.

Question 2

Proving Possession
Of A Controlled Drug
3 Steps
R v Lambed [2002] 2 AC 545

Answer 2

It is necessary to prove:
*Step 1 - Possession.
*Step 2 - Knowledge of possession.
*Step 3 - What the defendant possesses is,
in fact, a controlled drug.

Question 3

Step 1
Proving Possession
Custody or Control

Answer 3

The substance or thing must be either:
*In the custody of the defendant; or
*Under the control of the defendant

This can include anything
subject to the
defendant’s control
which is in the
custody of another
Section 37(3) Misuse of Drugs Act 1971

Question 4

step 2
Proving Knowledge
Of Possession

Answer 4

The defendant must know
that they had the
substance or thing
in their possession
— i.e. either in their custody
or under their control.

Is It Necessary To Prove That The
Defendant Knew That The
Substance Or Thing Was Actually A
Controlled Drug?
No
It is only necessary to prove that they
knew they had something
under their custody or control.

Question 5

Lack Of Knowledge
Of Possession
Sneakily Depositing Substances

Answer 5

X slips a substance into Y ‘s pocket
without their knowledge
Warner v MPC (1969] 2 AC 256.

Question 6

Lack Of Knowledge
Of Possession
Due To The Miniscule Quantity
Of What Is In Their Possession

Answer 6

If the quantity of the substance
was so miniscule that the
accused could not possibly
have been aware of its presence
— there will be no possession.

The quantity
must be
“visible, tangible
and measurable”
R v Boyesen (1982) AC 768

Question 7

step 3
The Substance Or
Thing Possessed Is, In
Fact, A Controlled Drug

Answer 7

It is necessary to prove
that what
the defendant possesses
is in fact,
a controlled drug.

Question 8

Lack Of Knowledge As
To The Quality Of What
Is In Their Possession

Answer 8

Is It Necessary To Prove That
The Accused Knew That The
Substance Or Thing In Their
Custody Or Under Their Control
Was A Controlled Drug?
No

If knowledge of possession
is established and
the substance
is in fact
a controlled drug
— there will be a
case to answer.

Will A Mistake Or Lack Of
Knowledge As To The Quality Of The
Substance Prevent A Person Being
In Possession Of It?
No
It is irrelevant if the accused thought
that they were in possession
of a different substance.

A male was convicted of possession of heroin
when he admitted to possessing a knife
with a substance,
which he thought was sand, on it.
R v [1971] 1 WLR 187

Question 9

Possession And
Containers

Answer 9

The accused will be guilty if:
* A container is in the accused’s
possession - (e.g. a cigarette packet);
* The container contains a substance -
(e.g. a joint of marijuana).
* The accused knew that there were
contents in the container.

Question 10

Joint Possession Of
Controlled Drugs
Drugs Found In Vehicles Jointly
Used

Answer 10

Mere presence in the same vehicle
as the drugs and
knowledge that the drugs
are present
— will be insufficient of itself
to establish joint possession…

..it must also be established
that the drugs form part of a
common pool
from which each of the joint parties
have the right to draw at will
(i.e. each party had the right to
decide what to do with the drugs)
R v Searle [1971] Crim LR 592

Question 11

PENALTIES FOR POSSESSION

Answer 11

CLASS A DRUGS
* Either way offence.
* Penalty in the Crown Court - 7 years imprisonment and or a fine;
* Penalty in the Magistrates Court - 6 months imprisonment and or a proscribed sum.

CLASS B DRUGS
* Either way offence.
* Penalty in the Crown Court - 5 years imprisonment and or a fine;
* Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

CLASS C DRUGS
* Either way offence.
* Penalty in the Crown Court - 2 years imprisonment and or a fine;
* Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

Question 12

PENALTY NOTICE FOR DISORDER (PNDs) FOR POSSESSION OF CANNABIS

Answer 12

LEARNING POINTS
* A PND can only be issued for the offence of possession of cannabis by an adult (18 or over) for personal use.
* A PND cannot be issued in respect of other drugs offences.
* A PND cannot be issued in respect of persons under 18.

Question 13

Defences
2 categories

Answer 13

Special Defences
2 special defences
to the offence of
possession
only.

General Defences
3 general defences
which apply to
a wider list of
C.O.P.S.P.I. offences.

Question 14

To Prevent Another
From Committing An
Offence
Section 5(4)(a) Misuse of Drugs Act 1971

Answer 14

Mens Rea?
Either:
*Knowing; or
*Suspecting,
..it to be a controlled drug..

Initial Action?
they took possession
of the
controlled drug…

Reason?
. .to prevent
another from
committing an offence (in the future),
or continue to commit an offence
in connection with that drug

Further Action?
and ASAP after taking possession of the
drug they took all reasonable steps to
either:
* Destroy the drugs; or
* Deliver the drugs to a person lawfully
entitled to take custody of the drugs.

Timing Of Destruction?
*Any destruction of drugs must
be of immediate effect.
*Burying drugs in the hope of
eventual decomposition by
the elements will be
insufficient
R v Murphy [2003] 1 WLR 422

Question 15

To Deliver The Drugs
To A Person Lawfully
Entitled To Take
Custody
Section 5(4)(b) Misuse of Drugs Act 1971

Answer 15

Mens Rea?
Either:
*Knowing; or
*Suspecting;
.it to be a controlled drug..

Initial Action?
.they took possession
of the
controlled drug…

Reason?
..solely for the purpose of
delivering it into the custody of a person
lawfully entitled
to take custody of the drug…

Further Action?
.and ASAP after taking possession
of the drug they took all reasonable steps
to deliver the drugs to a
person lawfully entitled
to take custody of the drugs.
NB — No reference to destroying the
drugs.

Question 16

3 General Defences
Section 28 Misuse of Drugs Act 1971

Which Categories Of
Offences Do The 3
General Defences
Relate To?
COPSPI

Answer 16

• Section 6(2)- C - Unlawful cultivation of cannabis.
• Section 9 - O - Offences related to opium.
• Section 5(2)- P - Unlawful possession.
• Section 4(3)- S - Unlawful supply.
• Section 4(2)- P - Unlawful production.
  *Section 5(3)- I - Possession with intent to supply.

Question 17

Excluded Offences

Answer 17

The 3 general defences do not apply to
either:
*Conspiring; or
*Attempting
.to carry out any of the “COPS PI”
activities.

Question 18

The 3 General
Defences

FED

Answer 18

F - Lack of knowledge of fact;
E - Belief that they were entitled to possess;
D - Lack of knowledge of drug.

Question 19

Lack Of Knowledge
Of Fact
Section 28(2) Misuse of Drugs Act 1971

Answer 19

In relation to a fact alleged by the prosecution
the person either:
* Did not know of the existence of a fact alleged;
* Did not suspect the existence of that fact; or
* Had no reason to suspect the existence of that
fact.

The “No Reason To Suspect”
Test
The test is objective in nature.
-i.e. would a reasonable, sober person,
if placed in that situation,
have had no reason to suspect
the existence of the fact.
R v Young [19841 1 WLR 654

Question 20

Belief They Were
Entitled To Possess
Section 28(3)(b) Misuse of Drugs Act 1971

Answer 20

They believed that
the substance or product
was a particular controlled drug
Had it been
that particular controlled drug
they would not have been
committing an offence.

Question 21

Lack Of Knowledge
Of Drug
Section 28(3)(a) Misuse of Drugs Act 1971

Answer 21

When Will This Defence Be Of
Relevance?
When it is necessary for the prosecution
to prove that the drug in question
was a specific drug
The prosecution have proven
that the drug in question was of that type.

If so - a defence will be established where the person
proves they neither:
* Believed;
* Suspected; or
* Had reason to suspect
..that the substance or product in question was a
controlled drug.

Question 22

Defences To
Possession Of Fungus
Containing Psilocin
(Magic Mushrooms)

Answer 22

Possession of a fungus growing uncultivated -
containing either:
*Psilocin; or
*An ester of psilocin
will not be unlawful in either of 2 situations.

Question 23

Situation 1
Landowner

Answer 23

Initial Action?
It is picked by
the person
who is already in
lawful possession of it
(i.e. the landowner)..

Purpose?
.for the sole purpose
of delivering it ASAP
into the custody of a
person lawfully entitled to
take custody (e.g. the police)..

Further Action?
and it remains in
that person’s possession
for that purpose.

Question 24

Situation 2
Any Other Person

Answer 24

It is picked by another person for
the purpose of either:
*Delivering it ASAP into the
custody of a person lawfully
entitled to take custody of it (e.g.
the police); or
*Destroying it ASAP.

Question 25

Unlawful Production Of Controlled Drugs Section 4(2) Misuse of Drugs Act 1971

Answer 25

It is an offence to either: *Produce a controlled drug - (i.e. by manufacture, cultivation, or any other method); or *Be concerned in the production of a controlled drug by another.

Question 26

Examples Of Production Of Controlled Drugs

Answer 26

Conversion Converting one type of Class A drug into another type of Class A drug. R v Russell [1992] 94 Cr App R351 Harvesting Cannabis Harvesting, stripping and cutting cannabis plants. R v Harris (1996) 1 CrApp R 369 Bulking Adding bulking agents. R v Williams [2011] EWCACrim 232 Is The Result Of Actual Production Required? Yes However, where a person attempts to produce a controlled drug, but fails to do so - they may still be convicted of an attempt.

Question 27

Concerned In The Production Of Controlled Drugs

Answer 27

Role Played In Production? It must be proven that the defendant played an active part in the production of the controlled drug. Delivering ingredients to the place of manufacture -as long as they knew what the ingredients were being used for. Allowing your kitchen to be used to produce controlled drugs will not amount to being concerned in production R v Farr [1982] Crim LR 745.

Question 28

PENALTY FOR UNLAWFUL PRODUCTION OF CONTROLLED DRUGS

Answer 28

CLASS A DRUGS * Either way offence. * Penalty in the Crown Court - Life imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a proscribed sum. CLASS B DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS C DRUGS * Either way offence. * Penalty in the Crown Court - 5 years imprisonment and or a fine; * Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

Question 29

Supplying Controlled Drugs Section 4(3) of Misuse of Drugs Act 1971

Answer 29

It is an offence to either: *Supply; *Be concerned in the supply; *Offer to supply; *Be concerned in making an offer to supply ..a controlled drug to another.

Question 30

Supplying 3 elements

Answer 30

Element 1 Transferring control of the drug. Element 2 The recipient being in a position to utilise the drug for their own purposes — i.e. they derive some benefit from being given the drug. Element 3 Knowledge by the accused that the actions involved the supply of a controlled drug.

Question 31

The Recipient Deriving A Benefit From Being Given The Controlled Drug

Answer 31

Transference of physical control of the controlled drug to the recipient -will not, of itself, prove supply... ..it must also be proven that the recipient is able to apply the thing handed over for their own purpose — i.e. they must also derive a benefit from being handed over the drug. R v Maginnis [1987] AC 303. Key Question Does the recipient derive a benefit? If yes - a supply has taken place. Is Payment Necessary? No The key point is that having been handed the drugs the recipient can do as they please with them and they derive a benefit from being given the drugs.

Question 32

Persons Looking After Drugs

Answer 32

(A), gives drugs to another person (B) - for the purpose of (B) looking after the drugs and keeping them safe for (A). What If The Recipient (B) Is Only Looking After The Drugs As A Favour? (A) will not have supplied (B) — as (B) will have derived no benefit for receiving the drugs. R v Dempsey & Dempsey (1986) 82 Cr App R 291 What If The Recipient (B) Derives A Benefit Or Reward For Looking After The Drugs? If (B) derives a benefit for looking after the drugs (e.g. payment or a cut of the drugs) — there will have been an act of supplying. R v Maginnis [1987] AC 303

Question 33

What Happens When The Recipient (B) Hands The Drugs Back To The Person Who Lent Them The Drugs

Answer 33

(B), who was looking after the drugs gives them back to (A) — the person who loaned them for safekeeping Consequence At this point (B) will have supplied (A) -as (A) who received the drugs back has now derived a benefit (i.e. they will now be able to use or sell the drugs). What If (B) Intends To Return The Drugs To (A) But Hasn't Done So Yet? (B) is in possession with intent to supply.

Question 34

Can A Recipient Who Gives Drugs Back To A Dealer After Being Forced To Look After Them Claim Duress?

Answer 34

No It is irrelevant whether the recipient is holding the drugs on a voluntary or involuntary basis. R v Panton [2001] EWCA Crim 611.

Question 35

Dividing Up Joint Purchases

Answer 35

The division of joint purchases is an act of supplying R v Buckley [1979] Cr App R 314

Question 36

Injecting Others With Their Own Controlled Drugs

Answer 36

(A) injecting (B) with (B)'s own supply of drugs is not an act of supplying. R v Harris (1968) 1 WLR 769

Question 37

Offering To Supply 2 elements

Answer 37

Element 1 An offer to supply is made - (by words or conduct). Element 2 Knowledge by the accused that their actions involved the offer to supply a controlled drug. When Is The Offence Complete? As soon as the offer to supply is made — accompanied by the knowledge that they were making the offer. No Result Is Required It is unnecessary to have: * The ability to actually supply the controlled drugs offered; or * The intention to carry out the offer. R v Goodard [1992) crim LR 588 Does The Person Making The Offer Need To Have The Controlled Drug Offered In Their Possession? No Will The Offence Be Committed If The Substance In Their Possession That Is Offered Is Not Actually A Controlled Drug? Yes (e.g. talcum powder) Can An Offer To Supply Be Withdrawn After It Is Made? No

Question 38

When Will The Seriousness Of The Offence Be Aggravated? Section 4A Misuse of Drugs Act 1971

Answer 38

The seriousness of the offence, committed by a person aged 18 or over, will be aggravated in either of 2 situations. Situation 1 - School Premises The offence was committed on or in the vicinity of school premises at a relevant time. i.e. between 1 hour before school opens and 1 hour after school closes. Situation 2 - Couriers The offender used a courier, who at the time of the offence was under 18 - to either. * Deliver a controlled drug to a 3rd party; or * Deliver drug related consideration (money etc.) to either them or a 3rd party

Question 39

Concerned In Supply 3 elements

Answer 39

Element 1 An act of either: *Supplying; or *Offering to supply Element 2 Participation of the defendant. NB - the defendant must play an active part. Element 3 Guilty knowledge of the defendant.

Question 40

PENALTY FOR SUPPLYING CONTROLLED DRUGS

Answer 40

CLASS A DRUGS * Either way offence. * Penalty in the Crown Court - life imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS B DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS C DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

Question 41

Possession With Intent To Supply Section 5(3) Misuse of Drugs Act 1971

Answer 41

It is an offence for a person to have a controlled drug in their possession either: *Lawfully (for example a vet or doctor); or *Unlawfully .with the intent (offence complete at this point) - to unlawfully supply it to another.

Question 42

Focus On The Lawfulness Of The Intended Supply

Answer 42

Do not focus upon the lawfulness of the possession — this is irrelevant. Focus upon the lawfulness of the intended supply.

Question 43

Doctor In Lawful Possession Of Controlled Drugs By Virtue Of Their Professional Qualifications

Answer 43

No Offence Intent to lawfully supply the controlled drugs via a prescription to a patient. Offence Intent to unlawfully supply the controlled drugs to a drug addict friend without a prescription.

Question 44

When Is The Offence Complete?

Answer 44

Intent Offence The offence is complete at the time the intent is formed to supply another by the person who has possession of the controlled drug. Result Required? No There is no need for the result of the unlawful supply of the controlled drug.

Question 45

What If Multiple Persons Had Possession Of The Same Drugs?

Answer 45

Who Commits The Offence? Only the individuals who have formed the intent to personally supply the drugs to another. NB - the intent must be proven separately.

Question 46

The Intent Must Be For Whom To Supply?

Answer 46

The person who has possession of the controlled drugs must have formed the intent to supply the controlled drugs themselves. R v Greenfield [1984] 78 CrApp R 179

Question 47

Mistakes As To Nature Of The Drug That The Person In Possession Intends To Supply

Answer 47

It does not matter if the person in possession of the controlled drug, who formed the intent to supply the controlled drug to another, was mistaken as to the nature of the drug. Possession of any controlled drug The intent to supply any controlled drug = Offence R v Leeson [2000] 1 Cr App R 233

Question 48

What Can Be Utilised To Provide Evidence Of The Intent To

Answer 48

Unexplained wealth or a large sum of cash recovered with drugs seized can provide supporting evidence of the intent to supply.

Question 49

Checklist

Answer 49

step 1 Was the accused in possession of a controlled drug? NB — It is irrelevant whether the controlled drug was possessed either lawfully or unlawfully. step 2 Did the accused form the intent for them to supply the controlled drug to another? NB - There is no need for the result of a supply to take place.

Question 50

PENALTY FOR POSSESSION WITH INTENT TO SUPPLY

Answer 50

CLASS A DRUGS * Either way offence. * Penalty in the Crown Court - life imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS B DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS C DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

Question 51

Supply Of Articles Section 9A Misuse of Drugs Act 1971 2 Offences

Answer 51

Offence 1 Action? An offence will be committed by a person who either: * Supplies * Offers to supply What? ..any article (i.e. drug kit) which may be used to prepare a controlled drug for administration by any person to either: * Themselves; or * Another person Mental Element? ...believing that the article is to be used in circumstances where the administration is unlawful. Offence 2 Action? An offence will be committed by a person who either: *Supplies; or * Offers to supply What? .any article (i.e. drug kit) which may be either: * Used; or * Adapted .whether by either: * Itself * In combination with another article(s) .in the administration by any person of a controlled drug to either: * Themselves; or * Another person Mental Element? .believing that the article is to be used in circumstances where the administration is unlawful. What Is Not An Article? Hypodermic needles are excluded from the definition of an article

Question 52

Cultivation Of Cannabis Section 6 Misuse of Drugs Act 1971

Answer 52

It is an offence to unlawfully cultivate cannabis — i.e. give attention to the plant by either: *Watering; *Feeding; or *Artificial lighting, etc.

Question 53

Checklist

Answer 53

Step 1 Was the plant cannabis? NB - It is irrelevant whether the accused knew that the plant was cannabis. R v Champ [1981] 73 Cr App R 367 step 2 Was the cannabis cultivated unlawfully — i.e. lit, fed, watered etc.?

Question 54

Controlled Drugs On Premises Section 8 Misuse of Drugs Act 1971 Who Can Commit The Offence? An offence will be committed by either..

Answer 54

Person 1 - The Occupier Of Premises The person need not have a legal right to occupy the premises. Occupation and the ability to exercise control over who comes and goes and what goes on in the premises will suffice. Person 2 - A Person Concerned In The Management Of Premises The person runs, organises and plans the use of the premises N.B - not just clean etc.

Question 55

State Of Mind?

Answer 55

They knowingly (i.e. they are subjectively aware) - either: * Permits - (approves); or * Suffers - (includes wilfully turning a blind eye) any of 4 PCSO activities. R v Thomas [1976) 63 Cr App R 65 Activity 1 Production or (attempted production) of a controlled drug. NB - Includes growing cannabis plants. Taylor v Chief Constable of Kent [1981] 1 WLR Activity 2 Smoking cannabis, cannabis resin or prepared opium. Activity 3 Supply, (or attempted supply) or offering to supply a controlled drug. Activity 4 Preparing opium for smoking.

Question 56

PCSO

Answer 56

*P * Production or (attempted production) of a controlled drug. *C - Smoking cannabis, cannabis resin or prepared opium *S - Supply (or attempted supply) or offering to supply of a controlled drug. *O Preparing opium for smoking.

Question 57

Is It Necessary To Prove That The Occupier Or Manager Knows Exactly Which Drugs Were Being Produced, Prepared, Supplied or Smoked?

Answer 57

No R v Bett [1999] 1 WLR2 109 The offence will not be complete at the stage of the occupier or manager giving their green light of approval to the prohibited activity. It is necessary to prove that an individual went on to carry out the prohibited activity on the premises R v Auguste [2003] The Times, 15th December

Question 58

Checklist

Answer 58

Step 1 Was the occupier or manager of the premises subjectively aware that they were either approving or turning a blind eye towards a prohibited activity taking place on their premises? step 2 Was a prohibited activity actually carried out on the premises: * (Attempted) production of a controlled drug; * Smoking cannabis, cannabis resin or prepared opium; * (Attempted) supply or offering to supply of a controlled drug; * Preparing opium for smoking

Question 59

PENALTY FOR CONTROLLED DRUGS ON PREMISES

Answer 59

CLASS A DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a proscribed sum. CLASS B DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 6 months imprisonment and or a fine. CLASS C DRUGS * Either way offence. * Penalty in the Crown Court - 14 years imprisonment and or a fine; * Penalty in the Magistrates Court - 3 months imprisonment and or a fine.

Question 60

Assisting Or Inducing Offences Outside The UK Section 20 Misuse of Drugs Act 1971

Answer 60

A person commits an offence if - whilst inside the UK - they either: *Assist in; or * Induce .the commission of an offence in any place outside the UK - which is contrary to the laws in force in that other place. Does The Offence In The Other Country Actually Need to Be Committed? Yes Example (X) took a lorry with empty containers from the UK to country B - to be filled with drugs and shipped to country C. R v Evans [1977] 64 CrApp R 237

Question 61

Importation Or Exportation Of Controlled Drugs Section 3 Misuse Of Drugs Act 1971

Answer 61

Definition It is an offence for a person to either: * Import * Export ...controlled drugs — unless they are authorised to do so.

Question 62

PENALTY FOR IMPORTATION OR EXPORTATION OF CONTROLLED DRUGS

Answer 62

PENALTY - CLASS A DRUGS Life imprisonment PENALTY - CLASS B AND C DRUGS 14 years imprisonment

Question 63

Incitement Section 19 Misuse Of Drugs Act 1971

Answer 63

It is an offence for a person to incite another to commit an offence under any other provision of the Misuse of Drugs Act 1971. Will This Offence Be Committed If The Person Incited Is An Undercover Police Officer Who Will Not Be Convinced To Carry Out The Action Incited? Yes DPP v Armstrong [2000] Crim LR 379

Question 64

Travel Restriction Orders Section 36 Criminal Justice and Police Act 2001

Answer 64

Who May Be Made Subject To A Travel Restriction Order? Persons convicted of either: * Drug trafficking offences; or * Inciting drug trafficking offences. Function Of A Travel Restriction Order? Prohibit the offender from leaving the UK From the time they leave custody To the expiry of the order. Duration Of A Travel Restriction Order? Minimum duration — 2 years No maximum duration Additional Requirements An offender may also have to surrender their passport as part of the order. When Must The Court Consider Imposing A Travel Restriction Order? If both of 2 criteria are satisfied Criteria 1 A person has been convicted of a drug trafficking offence. Criteria 2 The person has been sentenced to four years or more. Consequences If Both Criteria Satisfied? * Default position — a Travel Restriction Order must be imposed. * If the court decides not to impose a Travel Restriction Order - they must provide their reasons for failing to do so.

Question 65

Contravening A Travel Restriction Order Section 36 Criminal Justice and Police Act 2001 How Can The Offence Be Committed? 2 ways

Answer 65

Situation 1 They leave the UK at a time when they are prohibited from doing so. Situation 2 They are not in the UK at the end of a period of restriction which has been suspended. Relevant Boundary? UK Not just England and Wales What If They Leave The UK Involuntarily? Still commit the offence E.g. — if a plane diverted and lands outside UK What If They Are Deported? No offence

Question 66

Police Powers Section 23 Misuse of Drugs Act 1971 Powers Of Entry, Search & Seizure

Answer 66

Mental Element If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug - they may exercise the following powers.. Power 1 Detain them for the purpose of searching them and search them. Power 2 Stop and search any: *Vehicle; or *Vessel — e.g. a boat or hovercraft ...in which the constable suspects the controlled drug may be found. Power 3 Seize and detain anything found in the course of the search which is evidence of an offence under the Act.

Question 67

Grounds For A Warrant

Answer 67

A Justice of the Peace is satisfied by information on oath -that there are reasonable grounds to suspect that either.. Suspicion 1 Any controlled drugs are unlawfully in the possession of a person on any premises. Suspicion 2 A document that is directly or indirectly relating to, or connected with * A transaction or dealing; or * An intended transaction or dealing (which if carried out) either. * Inside the UK; or * Outside the UK ..which would be an offence under: * The Misuse of Drugs Act 1971; or * Any corresponding law in force outside the UK .is in the possession of a person on any premises.

Question 68

The Scope Of The Warrant

Answer 68

The warrant once granted may authorise any constable, at any time or times, within 1 month of the date of the warrant to exercise the following powers.. Power 1 Enter the premises named in the warrant (using force — if necessary) Power 2 Search: *The premises; and *Any persons found therein. Power 2 Search: *The premises; and *Any persons found therein.

Question 69

Establishing The Extent Of Powers Granted By The Warrant

Answer 69

Premises Only Warrants It is only premises that can be searched. Persons found at the premises cannot be searched under the powers allocated by a premises only warrant. If a constable wished to search persons found at the premises whilst exercising a premises only warrant — they could only do so if they could rely on some other unrelated search power. Persons & Premises Warrants Both persons and premises can be searched under the powers allocated by a persons and premises warrant. It is permissible to restrict the movements of persons present at the premises in order to conduct the search effectively. DPP v Meaden [2003] EWHC 3005 Admin

Question 70

Obstruction Section 23 (4) Misuse of Drugs Act 1971 3 prohibited actions

Answer 70

Action 1 Intentionally obstruct a person exercising their powers. Action 2 Intentionally conceal from a person exercising their powers any: * Books; * Documents; * Stocks; or * Drugs. Action 3 Without reasonable excuse (burden of proof rests on the defendant) -fail to produce any books or documents where their production is demanded. Effect Of Inadvertent Or Accidental Obstruction Or Concealment? No offence -as the obstruction or concealment must be intentional.

Question 71

PSYCHOACTIVE & INTOXICATING SUBSTANCES THE RANGE OF OFFENCES?

Answer 71

The intoxicating substances offences include: * The offence of Supplying Or Offering To Supply A Psychoactive Substance - Section 5 Psychoactive Substances Act 2016; and * The offence of Supplying A Butane Lighter Refill To A Person Aged Under 18 - Regulation 2 Cigarette Lighter Refill (Safety) Regulations 1999.

Question 72

Supplying Or Offering To Supply A Psychoactive Substance Section 5 Intoxicating Substances (Supply) Act 1985 2 offences

Answer 72

Offence 1 4 steps Step 1 They intentionally supply a substance to another person. step 2 The substance is a psychoactive substance. step 3 They either: * Know; * Suspect; or * Ought to know .that the substance is a psychoactive substance. Step 4 They either: * Know; or * Are reckless .as to whether the psychoactive substance is likely to be consumed for its psychoactive effect by either: * The person to whom it was supplied: or * Some other person. Offence 2 2 step test Step 1 They offer to supply a psychoactive substance to another person. step 2 They either: * Know; or * Are reckless .as to whether either: * The person to whom the offer to supply was made: or * Some other person would — if suptlied in accordance with the offer — be likely to consume the su stance for the psychoactive effects (of the substance offered).

Question 73

Supply Of A Butane Lighter Refill To A Person Age Under 18 Regulation 2 Cigarette Lighter Refill (Safety) Regulations 1999

Answer 73

Definition? It is an offence to supply any cigarette lighter refill canister containing either: * Butane; or *A substance with butane as a constituent part ..to any person under the age of 18. The Age Requirement — Strict Liability *All that must be proved is that the person supplied was under 18. * It does not matter how old the person supplied looked. *There is no defence as to a mistaken belief that the person supplied appeared to be 18.