Drugs 9

Question 1

For a charge under 12A(2) what must the crown prove?

Answer 1

-The defendant has equipment, material or precursors in his possession
- That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person

Question 2

Section 9?

Answer 2

Cultivation of prohibited plants

• Except pursuant to a licence under this act or as otherwise permitted by regulations made under this act
• No personal shall cultivate any prohibited plant

Question 3

What is the defence to section 9 - cultivation of prohibited plants?

Answer 3

Section 9(4)

If can prove plant was a species opium poppy and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced

Question 4

Section 12?

Answer 4

Allowing premises or vehicles to be used

• Knowingly permits any premise, vessel, aircraft, hovercraft, motor vehicle or other mode of conveyance
• To be used for the purpose of the commission of an offence against this act

Question 5

Section 16?

Answer 5

Obstruction of Officers

Question 6

What sections outline internal searches and concealments?

Answer 6

Section 23 S&S - relates to internal searches of a person K9’d pursuant to sections 6, or 11 of misuse of drugs act 1975. Relating to Class A, B or C drugs

Section 13A Misuse of drugs act - Person is not under arrest but have RGTB concealing class A or B controlled drugs - Consult NOCG or Customs