Flashcards
Misuse Of Drugs Offences MODA 1971
Cards in this deck (116)
- 1Misuse Of Drugs Offences MODA 19711. Possession
2. Defences
3. Production
4.Supply
5. PWITS
6. Cultivation
7. Closure Notices
8. Import/Export
9. Enforcement
10. Travel Restrictions
11. Intoxicating Substances - 2Possession Class A, B & CEither Way Offence
- 3Class A Penalty in Crown Court 7 Year and/or fineClass A Penalty Mags Court
6 Months
and/or prescribed Sum - 4Class B Penalty in Crown Court 5 Years and/or fineClass B
Penalty Mags Court
3 Months
and/or fine - 5Class C Penalty Crown Court 2 Years and/or a fineClass C
Penalty Mags Court
3 Months
and/or fine - 6Section 5 MODA 1971 It is an offence for any person to;Unlawfully
Have a controlled drug
In their possession - 7It is necessary to establisheither;
- 8Unlawful Physical Possession of a substanceA lack of physical possession but unlawful control of a substance
- 9PLUSPLUS
- 10Knowledge of possession of the substancePLUS
- 11The substance was in fact a controlled drug(It is not necessary for the accused to know the substance was a controlled drug)
- 12If John gives Fred his heroin for safe keeping, who will be guilty of possession?Both;
John - has control
Fred - has physical possession - 13R v Boyesen "Visible, Tangible and measurable"If the quantity was so small that the suspect could not possibly be aware of its presence there will be no possession.
- 14R v Marriot 3 Step test (Sand on a knife)Step 1 -
He was in possession of the substance - 15Step 2 - He knew he was in possession of the substance n.b. it is irrelevant what he thought the substance was.Step 3 -
The substance was in fact a prohibited drug. - 16The same principal applied for containers;Step 1 -
A container is in the suspect possession
(e.g. A lunch box) - 17Step 2 - The lunch box contains a substance (e.g. Cannabis)Step 3 -
The suspect knows there is something in the lunch box
(It does not matter if he thinks these are sandwiches) - 18Step 4 - The contents are a prohibited drug.In these circumstances the suspect maybe able to rely on a defence;
- 19Defences2 Special Defences (Possession only)
3 General Defences (C.O.P.P.I.S) - 20Special Defence 1 (Possession Only) To Prevent another from committing an offence; (Parent Example)Know/Suspect it to be a controlled drug
Took Possession to
Prevent Another Committing an Offence
& ASAP after taking possession
Take all reasonable steps to; Destroy or
Deliver to a person lawfully entitled to take custody - 21Special Defence 2 (Possession Only) To Deliver the drug to a person lawfully entitled to take custody (Teacher Example)Know/Suspect it to be a controlled drug
Took Possession and ASAP
Take all reasonable steps to;
Deliver to a person lawfully entitled to take custody - 22R v Murphy (Decomposition)The destruction must be immediate. i.e. you cannot bury the drugs in the hope they will be destroyed by decomposition
- 233 General Defences Section 28 MODA 1971 Relate to which offences?C.O.P.P.I.S
C - Cultivation of Cannabis
O - Opium Offences
P - Possession
P - Production (Unlawful)
I - Intent to Supply
S - Supply - 243 General Defences are the; F.E.D.F - Facts (lack of knowledge)
E - Entitled to posses (Belief)
D - Drug (lack of knowledge) - 25F - FACT Did not know Did not suspect Had no reason to suspect (R v Young - reasonable, sober person)Delivery driver - delivers routine package.
Would have a defence under FACT as he would have no reason to know/suspect the controlled drug.
(What if they work for an OCG?) - 26E - Entitled Belief of entitlement Belief it was a controlled drug Belief it had been That/A particular controlled drugI have a prescription for Temazepam, the chemist mistakenly gave me Diazepam I could use the defence I believed it was Temazepam, which by prescription I am entitled to possess.
- 27Unlawful Production of Controlled Drug Class A, B, CEither Way Offence
- 28Class A Penalty in Crown Court Life And/or FineClass A
Penalty in Mags Court
6 Months
And/or Prescribed Sum - 29Class B Penalty in Crown Court 14 Years And/or FineClass B
Penalty in Mags Court
6 Months
And/or Fine - 30Class C Penalty in Crown Court 5 Years and/or FineClass C
Penalty in Mags Court
3 Months
And/or Fine - 31Definition; It is an offence to either;Produce;
(manufacture, cultivate or harvest) - 32Be concerned in the production ofa Controlled drug.
- 33R v Russell (Converting)Converting one type of class A drug into another type of class A drug will amount to production.
- 34Controlled drugs must actually be produced... However, a failed attempt to produce may still be convicted of attempting to produce.To be concerned in the production;
It is sufficient to prove ingredients were delivered and the deliverer knew what they were for.
An active part must be played, (allowing your house to be used may not amount to being concerned in the production) - 35Unlawfully Supplying Controlled Drug Class A, B & CEither Way Offence
- 36Class A Penalty in Crown Court Life And/or a fineClass A
Penalty Mags Court
6 Months
And/or fine - 37Class B Penalty in Crown Court 14 Years And/or FineClass B
Penalty in Mags Court
6 Months
and/or a fine - 38Class C Penalty in Crown Court 5 Years and/or fineClass C
Penalty Mags Court
3 Months
and/or a fine - 39It is an offence to either;Supply
- 40Be concerned in the supply;Offer to Supply;
- 41Be concerned in making an offer to supply;A Controlled Drug.
- 42To 'Supply' 3 elements must be present1. Transferring control of a drug
- 432. Recipient being in a position to utilise the drug for their own purposes3. Knowledge by the suspect that the act
involved the supply of a controlled drug. - 44An Obvious example... The sale of drugsSafekeeping only
R v Dempsey & Dempsey
No Benefit = No offence (of supply)
(until the drugs are handed back?) - 45R v Maginnis Benefit (Payment) Reward (Cut of drugs) For holding drugs then supply complete.Holder > Benefits > Supply Complete
- 46R v Harris Injecting a person with their own drugs (No Supply)R v Buckley
(Division of joint purchase - Supply) - 47Offer to Supply 2 Elements1. An Offer to Supply is Made
- 482. Knowledge by the suspect that the actions involved offering to supply a controlled drugR v Goodard
Ability to Supply > Not Required
Intention to carry out offer > Not required
Making the offer only > Offence Complete - 49What if... Substance is not really a drug?Offence (Offering to supply) complete
Even if buyer knows it isn't a drug - 50Concerned in the supply.. 3 requirements1. An Act of;
Supplying
Offering to supply - 512. Participation of the suspect3. Guilty Knowledge of the suspect
- 52To be concerned in the supply the suspect must...Play an active part
- 53PWITS (Possession with intent to Supply) Class A, B & CEither Way Offence
- 54Class A Penalty in Crown Court Life and./or fineClass A
Penalty in Mags Court
6 Months
and/or prescribed sum - 55Class B Penalty in Crown Court 14 Years and/or fineClass B
Penalty in Mags Court
6 Months
and/or prescribed Sum - 56Class C Penalty in Crown Court 14 Years and/or fineClass C
Penalty in Mags Court
3 Months
and/or fine - 57It is an offence to possess a controlled drug either; Lawfully UnlawfullyWith intent to unlawfully supply it to another
(Intent offence - No result required) - 58R v Leeson (Nature of the drug mistaken)Posses a controlled drug
(lawfully or Unlawfully)
Intend to Supply Unlawfully
(Offence complete - No result required) - 59Cultivation of Cannabis Section 9 MODA 1971Either Way Offence
- 60Penalty in Crown Court 14 Years and/or a finePenalty in Mags Court
6 Months
and/or a prescribed sum - 61Cultivation takes place when attention is given to a plant; What is attention?Watering
Feeding
Artificial Lighting - 622 elements required for the offence to be complete...1. The plant is cannabis
(Irrelevant if the suspect knew this was the case. R v Champ)
2. Was the cultivation unlawful? - 63Controlled drugs on premises... Class A, B and CEither Way Offence
- 64Class A Penalty in Crown Court 14 Years and/or a fineClass A
Penalty in Mags Court
6 Months and/or prescribed sum - 65Class B Penalty in Crown Court 14 Years and/or a fineClass B
Penalty in Mags Court
6 Months or prescribed Sum - 66Class C Penalty in Crown Court 14 Years and/or a fineClass C
Penalty in Mags Court
3 Months
and/or a fine - 67Prohibited Activity P.C.S.OP. Production (+ attempt)
C. Cannabis or opium (smoking)
S. Supply (+ attempt)
O. Opium - preparing for smoking - 68Offence committed by either;Occupier
or
Person concerned in the management
of a property - 69who knowingly (is or should be aware) either...Permits
or
Suffers (R v Thomas) - 70Any Prohibited activity to take placeIs guilty of an offence
- 71A result is required....Paraphernalia and cannabis being present is not enough.
Suspect must be producing, smoking, supplying or preparing - 72Closure Notices Section 1 ASB Act 2003Supt (or above)
Reasonable grounds to believe
both; - 73The premises has been used for unlawful; Use Production Supply Of Class A Drug During the previous 3 monthsThe use is associated with;
Disorder
Serious nuisance to the public - 74Can authorise the issue of a closure notice if both;1. The local authority consulted
2. Reasonable steps have been taken to identify anyone;
Residing in
In control of
With responsibility for
an interest in
(the premises) - 75Supt's authorisation maybe Orally or In writingIf Oral must be confirmed in writing ASAP
- 76The closure notice must be served by;A Police Officer
- 77What is premises in relation to the ASB Act 2003?Enclosed Land
Unenclosed land
Any other place/outbuilding used as part of a premises - 786 Points a closure notice must provide..1. An application will be made to close
2. Access prohibited (excl. resident/owner)
3. Date/Time/Place app will be heard
4. Effect of the closure
5. Failure to comply is an offence
6.Info regarding housing organisations to offer advice - 79Serving a notice...A Police officer must;
- 80Step 1 Fix a copy of the notice to;At least one prominent place
At each normal means of access
Any outbuilding which appears to be used with the premises - 81Step 2 Give a copy of the notice to at last one person who either;Has control
Has responsibility
Lives on premises - 82Once closure notice issued, a police officer must apply for a closure order at Mags Court. This must be heard before 48 hours after the notice was issuedMags may then adjourn for up to 14 days to allow persons with an interest to contest the application.
- 83To issue a closure notice Mags must be satisfied...1. The premises have been used for unlawful production, supply, use of Class A
- 842. The use of the premises is associated during the period of the notice with either; Disorder Nuisance3. The order is necessary to prevent reoccurrence of disorder or nuisance
- 85A closure order closes a premises (or part of) to all persons for a period decided by the court;Max initial; 3 Months
3 Month extension may be applied for prior to expiry of initial order
(Supt must provide authority for further closure after consultation with local authority) - 86A Police officer or Authorised Person May enter a closed premises at any time to;Carry out maintenance or repairs
or
Secure the premises against entry
Using reasonable force if necessary - 87If challenged by either; The Owner The occupierThey must produce evidence of both their;
Identity
Authority to act. - 88Breach of a closure order Summary Only Penalty Mags Court ]6 Months and/or fineA person commits this offence is either;
- 89Without reasonable excuse; Remains on premises or Enters the premises In contravention of an order, ORObstructs a police officer/authorised person exercising their power of entry
(no provision for reasonable excuse) - 90Import/Export Controlled Drugs Class A, B & CIndictable only
- 91Class A penalty at Crown Court LifeClass B & C
Penalty at Crown Court
14 Years - 92It is an offence to either;Import
OR
Export - 93Controlled drugsUnless authorised to do so.
- 94Assisting/Inciting offences outside of UKIf inside the UK a person;
Assists
Induces
Incites
the commission of an offence outside of the UK breaking laws in the other place will commit an offence. - 95Result required.R v Evans
(empty lorry) - 96Enforcement, Stop & Search Section 23 MODA 1971Reasonable grounds to suspect a person is in possession of controlled drugs;
- 971. Detain/Search any person 2. Stop, detain, search any Vehicle/Vessel 3. Seize anything offending under the actWhat is a vessel?
- 98Warrants... (A warrant must be specific to search a premises and persons of people are to be searched)If Mags satisfied on oath reasonable grounds to suspect either;
- 991. Controlled drugs are unlawfully in the possession of a person on premises2. A document is in the possession of a person on premises that relats to;
An unlawful transaction or
dealing
In or outside of the UK - 100Obstruction Section 23 MODA 1971 Offence committed by a person who either;1. Intentionally obstructs a person
2. Intentionally conceals books, documents, Stocks or Drugs
3. Without reasonable excuse fail to produce books/documents when demanded. - 101Travel restriction orders Section 36 Criminal Justice and Police Act 2001TRO's can be imposed of a person convicted of drug trafficking offences
- 102TRO's Prohibit the suspect from leaving the UK;From the time they leave custody
To the expiry of the order. - 103Minimum Period?Two Years
- 104May require;Passport to be surrendered
- 105The court MUST consider a TRO where two criteria are met;1. The person has been convicted of a trafficking offence
2. The person has been sentenced to 4 or more years - 106A person is guilty of contravening a TRO when;1. They leave the UK when prohibited
They are not in the UK at the end of a period of restriction which has been suspended. - 107Note it is within UK (Incl Scotland + N.Ireland Do not have to leave voluntarily (Aeroplane)If deported by Home Secretary offence is not committed.
- 108Intoxicating SubstancesSection 9A(1) MODA 1971
Supplying articles for administering controlled drugs
Section 9A(3) MODA 1971
Supplying articles for preparing controlled drugs - 1099A(1) - Supplies/Offers to supply 9A(3) - Supplies/Offers to supply9A(1) - Articles (Used/Adapted) for unlawful administration of controlled drugs for self or another
9A(3) - Article used to prepare controlled drug for unlawful administration for self or another - 1109A(1) - Believing the article will be used 9A(3) - Believing the article will be used9A(1) - Summary Only (6 Months and/or fine)
9A(3) - Summary Only (6 Months and/or fine) - 111Does not include Hypodermic NeedlesThe administration must be unlawful
- 112Supply Intoxicating Substances Section 1 Intoxicating Substances (Supply) Act 1985Either Way
C/Court - 5 Years and/or fine
M/Court - ^ months and/or fine - 113Offence; To Supply Offer to SupplyA substance other than a controlled drug..
- 114To a person they know or have reasonable cause to believe is under 18A person acting on behalf of an under 18 and they know or has reasonable cause to believe is acting that way
- 115If they either know or have reasonable grounds to believe that the substance or its fumes will be inhaled by an under 18 for the purpose of intoxicationA defence will be available where both;
- 116The substance was supplied by an under 18 and...They were not acting in the course of a business.
Information
- Description
- Offences involving controlled drugs and defences. Created 2016.
- Created by
- Daniel Peck
- Views
- 119
- Tags
- Rating