Upgrade to remove ads
Only $35.99/year

Drug Misuse Act 1971

Terms in this set (13)

If the drugs are:

- Tangible

- Measurable

- Visible
At what point can you say someone is in possession of drugs
No but you can in interview
Can you prove knowledge of possession before an arrest?
Took possession to prevent someone committing or continuing to commit offences & that as soon as possible took steps to either:

• Destroy the drugs or

• Deliver to custody of a person lawfully entitled to take custody
What is a defence for Section 5(4)(a)
For the sole purpose of delivering it to the custody of someone who is lawfully entitled to take custody of it and that he did everything in his power to deliver it to such person.
What is a defence for possession under Section 5 (4) (b)
-- Lack of knowledge of some alleged fact

(not aware the package they had contained drugs)

-- Lack of knowledge of controlled drug in question

(had no idea that the substance in their possession was a controlled drug)

-- The defendant believed the drug was of a legal substance and not a CD
What are the general defences for possession
· Suspicion of possession-controlled drug

· Search of person, vehicle or vessel

· Code A of PACE applies
What are the Police Powers of Search (S23 of Misuse of Drugs Act 1971)
Possession

With

Intent

To

Supply
What is PWITS?
Possession with intent to supply

For example, a police officer may be in possession of a controlled drug once they form the intention to supply that drug to someone who isn't legally allowed to be in that possession it would then be an offence under Section 5 (3)
What is Section 5 (3) of the Misuse of Drugs Act
· Law enforcement
· HMRC
· Pharmacies
· Hospitals
· Posties
Who can lawfully be in possession of a controlled drug?
When someone supplies another with a controlled drug who is not authorised to hold said substance and;

The person who receives the drugs must get some benefit from it. Whether that is financial benefit, or they are going to use it themselves.
What is unlawful supply
We need to prove that there is a supply of controlled drugs. The offender must have known that they were involved in the supply of controlled drugs.
What does it mean to be concerned in the supply of controlled drugs
We need to prove that there is a supply of controlled drugs. The offender must have known that they were involved in the supply of controlled drugs.
Define the offence "making an offer to supply"
Production of a controlled drug. It can also cover changing a drug from one to another. (Cocaine >>> Crack Cocaine)

The police will have to prove that the person has played an identifiable part in the drugs production and so the exact action of the defendant will have to be identified.
Define "manufacture of controlled drugs" under Section 4 (2) of MODA 1971
Other sets by this creator