Misuse of Drugs 4,5,23,28 Flashcards
Searches under Section 23 of the drugs and misuse act are the same as what?
Section 1 of PACE, apart from you can only search for drugs and you can search anywhere
When does someone under section 5(2) MDA 1971 commit an offence of unlawful possession?
When they have knowledge that they have a substance and do not have lawful authority.
What is a defence to unlawful possession?
Prevent another from committing or continuing to commit an offence in connection with that drug (to destroy the drug)
OR
They took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it
What is a defence under section 28 of the MDA?
Where the person had a lack of knowledge that they had a controlled drug being in their possession (For example a delivery driver)
What is a community resolution? How many can someone have?
A way to deal with a low-level offence, people can only have 1 - for example, for a cannabis warning
What are the three supply offences under Section 4 (3) of the MDA?
Unlawfully supplies or offers to supply a controlled drug
Is concerned in the supply of a controlled drug to another
Is concerned in the making of an offer to supply a controlled drug to another
(COVERS ALL ASPECTS OF ANY INVOLVEMENT A PERSON COULD HAVE IN THE SUPPLY OF DRUGS)
Can an offer to supply be complete without the presence of a controlled drug?
Yes, even if this is just verbal or the transaction is carried out and the substance is not a controlled drug
Has someone committed an offence if they intend to purchase a controlled drug but it turns out to not be a controlled drug?
No.
