Prosecution Procedure

Question 1

Offences against MODA are either category 2 or 3, give an example of those:

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Answer 1

Category 2 (Cannot elect jury)
- Possession or consumption of drugs
- Supply of class C drugs

Category 3 (Can elect jury)
- Importation
- Producing/manufacturing

Question 2

What are the time limits for filing drug charges?

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Answer 2

28(a) allows for charges to be filed at ANY TIME in relation to the following offence -

1. dealing (s6)
2. cultivating (s9)
3. aiding offences against corresponding law in another country (s10).

28(b)
All other offences is four years after the date on which the offence was committed.

Question 3

Bail:

Judge only may grant bail for drug dealing offences

Act/Section

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Answer 3

Bail Act 2000, S16

“A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.”

Question 4

There are two methods of delivering a drug exhibit to the ESR so that certificate evidence can be used. You can deliver the exhibit:

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Answer 4

1. In person to the analyst who is to issue the certificate
2. By registered post or by courier post with signature required

Question 5

Certificates are only admissible evidence if:

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Answer 5

1. You notify the defendant at least 7 days before the hearing, and give them a copy of the analyst certificate
2. Defendant doesn’t request in writing, at least 3 days before the hearing, that the analyst be called
3. Court does not require the oral evidence of the analyst