Misuse Of Drugs Offences MODA 1971

Misuse Of Drugs Offences
MODA 1971

Possession
Class A, B & C

Class A
Penalty in Crown Court
7 Year
and/or fine

Class B
Penalty in Crown Court
5 Years
and/or fine

Class C
Penalty Crown Court
2 Years
and/or a fine

Section 5 MODA 1971
It is an offence for any person to;

It is necessary to establish

Unlawful Physical Possession of a substance

PLUS

Knowledge of possession of the substance

The substance was in fact a controlled drug

If John gives Fred his heroin for safe keeping, who will be guilty of possession?

R v Boyesen
"Visible, Tangible and measurable"

R v Marriot
3 Step test
(Sand on a knife)

Step 2 -
He knew he was in possession of the substance

n.b. it is irrelevant what he thought the substance was.

The same principal applied for containers;

Step 2 -
The lunch box contains a substance

(e.g. Cannabis)

Step 4 -
The contents are a prohibited drug.

Defences

Special Defence 1
(Possession Only)

To Prevent another from committing an offence;

(Parent Example)

Special Defence 2
(Possession Only)

To Deliver the drug to a person lawfully entitled to take custody

(Teacher Example)

R v Murphy
(Decomposition)

3 General Defences
Section 28 MODA 1971

Relate to which offences?

3 General Defences are the;

F.E.D.

F - FACT

Did not know
Did not suspect
Had no reason to suspect

(R v Young - reasonable, sober person)

E - Entitled

Belief of entitlement
Belief it was a controlled drug
Belief it had been That/A particular controlled drug

Unlawful Production of Controlled Drug
Class A, B, C

Class A
Penalty in Crown Court
Life
And/or Fine

Class B
Penalty in Crown Court
14 Years
And/or Fine

Class C
Penalty in Crown Court
5 Years
and/or Fine

Definition;

It is an offence to either;

Be concerned in the production of

R v Russell

(Converting)

Controlled drugs must actually be produced...

However, a failed attempt to produce may still be convicted of attempting to produce.

Unlawfully Supplying Controlled Drug
Class A, B & C

Class A
Penalty in Crown Court
Life
And/or a fine

Class B
Penalty in Crown Court
14 Years
And/or Fine

Class C
Penalty in Crown Court
5 Years
and/or fine

It is an offence to
either;

Be concerned in the supply;

Be concerned in making an offer to
supply;

To 'Supply'
3 elements must be present

2. Recipient being in a position to utilise the drug for their own purposes

An Obvious example...

The sale of drugs

R v Maginnis

Benefit (Payment)
Reward (Cut of drugs)
For holding drugs then supply complete.

R v Harris

Injecting a person with their own drugs
(No Supply)

Offer to Supply

2 Elements

2. Knowledge by the suspect that the actions involved offering to supply a controlled drug

What if...
Substance is not really a drug?

Concerned in the supply..

3 requirements

2. Participation of the suspect

To be concerned in the supply the suspect must...

PWITS
(Possession with intent to Supply)
Class A, B & C

Class A
Penalty in Crown Court
Life
and./or fine

Class B
Penalty in Crown Court
14 Years
and/or fine

Class C
Penalty in Crown Court
14 Years
and/or fine

It is an offence to possess a controlled drug either;
Lawfully
Unlawfully

R v Leeson

(Nature of the drug mistaken)

Cultivation of Cannabis

Section 9 MODA 1971

Penalty in Crown Court
14 Years
and/or a fine

Cultivation takes place when attention is given to a plant;

What is attention?

2 elements required for the offence to be complete...

Controlled drugs on premises...
Class A, B and C

Class A
Penalty in Crown Court
14 Years
and/or a fine

Class B
Penalty in Crown Court
14 Years
and/or a fine

Class C
Penalty in Crown Court
14 Years
and/or a fine

Prohibited Activity
P.C.S.O

Offence committed by either;

who knowingly
(is or should be aware)

either...

Any Prohibited activity to take place

A result is required....

Closure Notices
Section 1 ASB Act 2003

The premises has been used for unlawful;
Use
Production
Supply
Of Class A Drug
During the previous 3 months

Can authorise the issue of a closure notice if both;

Supt's authorisation maybe
Orally or
In writing

The closure notice must be served by;

What is premises in relation to the ASB Act 2003?

6 Points a closure notice must provide..

Serving a notice...

Step 1
Fix a copy of the notice to;

Step 2
Give a copy of the notice to at last one person who either;

Once 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 issued

To issue a closure notice Mags must be satisfied...

2. The use of the premises is associated during the period of the notice with either;

Disorder
Nuisance

A closure order closes a premises (or part of) to all persons for a period decided by the court;

A Police officer or Authorised Person

May enter a closed premises at any time to;

If challenged by either;

The Owner
The occupier

Breach of a closure order
Summary Only
Penalty Mags Court ]6 Months and/or fine

Without reasonable excuse;
Remains on premises
or
Enters the premises

In contravention of an order, OR

Import/Export Controlled Drugs
Class A, B & C

Class A
penalty at Crown Court
Life

It is an offence to either;

Controlled drugs

Assisting/Inciting offences outside of UK

Result required.

Enforcement,
Stop & Search
Section 23 MODA 1971

1. Detain/Search any person
2. Stop, detain, search any Vehicle/Vessel
3. Seize anything offending under the act

Warrants...

(A warrant must be specific to search a premises and persons of people are to be searched)

1. Controlled drugs are unlawfully in the possession of a person on premises

Obstruction
Section 23 MODA 1971

Offence committed by a person who either;

Travel restriction orders
Section 36 Criminal Justice and Police Act 2001

TRO's
Prohibit the suspect from leaving the UK;

Minimum Period?

May require;

The court MUST consider a TRO where two criteria are met;

A person is guilty of contravening a TRO when;

Note it is within UK (Incl Scotland + N.Ireland

Do not have to leave voluntarily
(Aeroplane)

Intoxicating Substances

9A(1) - Supplies/Offers to supply

9A(3) - Supplies/Offers to supply

9A(1) - Believing the article will be used

9A(3) - Believing the article will be used

Does not include Hypodermic Needles

Supply Intoxicating Substances
Section 1
Intoxicating Substances (Supply) Act 1985

Offence;

To Supply
Offer to Supply

To a person they know or have reasonable cause to believe is under 18

If 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 intoxication

The substance was supplied by an under 18 and...