Drugs

Question 1

If James gives Lucy his drugs for safe keeping only. Who is guilty of possession ?

Answer 1

Both. James for being in control and Lucy for being in physical possession.

Question 2

What are the 2 special defences that specifically relate to possession of drugs ?

Answer 2

• to prevent another from commuting an offence

- to deliver the drugs to a person lawfully entitled to take custody

Question 3

If your defence for carrying drugs is delivery. Can you destroy the drugs and still be innocent?

Answer 3

No. If your defence is delivery. Your only option is to deliver.

Question 4

What is the timing given to destruction of drugs ?

Answer 4

Must be immediate effect. Burying drugs in the hope of decomposition is insufficient.

Question 5

The 3 general defences for COPSPI are ?

Answer 5

• lack of knowledge of fact.
• belief that they were entitled to possess.
• lack of knowledge of the drug.

Question 6

Is adding bulking agents production ?

Answer 6

Yes.

Question 7

If you convert one type of class A drugs into another type of class A drugs is this production ?

Answer 7

Yes.

Question 8

For production- To establish guilt it is essential to prove that drugs were actually produced. However if a person attempts to produce a controlled drug but fails they may be convicted of… ?

Answer 8

An attempt.

Question 9

If aaron delivers ingredients to the place of manufacture for drugs to be produced, can he be guilty of being concerned in the production of drugs ?

Answer 9

Yes - as long as he knew what the ingredients were being used for. There must be an active part played.

Question 10

Definition of supplying controlled drugs has 4 actions of “supply” what are they?

Answer 10

1. Supply
2. Be concerned in the supply
3. Offer to supply
4. Be concerned in making an offer to supply…. a controlled drug.

Question 11

If james looks after joes drugs as a favour, has joe supplied drugs to james ?

Answer 11

No. There is no Benefit for james to look after these drugs as he is only temporarily looking after them. There must be a benefit to that person who is given the drug.

Question 12

Once james has looked after joes drugs for him, he then gives them back. Is he guilty of supplying drugs?

Answer 12

Yes. As joe will receive a benefit as he can now sell or use the drugs.

Question 13

If lucy offers james drugs. But in fact it’s talcum powder and james knows its talcum powder. Is this still offering to supply?

Answer 13

Yes. It is not necessary to have the ability to actually supply the controlled drug or the intention to carry it out. The offence is still complete.

Question 14

There are 2 elements that will make the offence of supplying drugs aggravated, what are they?

Answer 14

• If the offence is committed on or in a school premises.
• the offender uses a courier who is under 18 to deliver a drug or drug relates consideration (money) etc to them or a 3rd party.

Question 15

To be concerned in supplying drugs the defendant must play an active part. There are 3 elements to this…

Answer 15

1 - an act of either supplying or offering to supply
2 - participation of the defendant
3 - guilty knowledge of the defendant.

Question 16

PWITS - when is the offence complete ?

Answer 16

At the time the intent is formed.

Question 17

What 3 actions are giving attention to a plant of cannabis to make it cultivation?

Answer 17

1 - watering
2 - feeding
3 - artificial lighting

Question 18

For cultivation of cannabis, does the accused have to know that it was cannabis ?

Answer 18

No. It is irrelevant wether the accused knew that it was cannabis or not.

Question 19

For controlled drugs on premises think PCSO ?

Answer 19

P - production / attempted production of a controlled drug
C - Smoking cannabis or preparing opium
S - supply / attempted supply of a controlled drug
O - Preparing opium for smoking.

Question 20

For controlled drugs on premises, is it necessary to prove that the occupier/manager was aware exactly what drugs were being produced prepared supplied or smoked?

Answer 20

No. It is only necessary to prove that the occupier/manager was aware that controlled drugs in general were being produced prepared supplied or smoked.

Question 21

Police enter a property where William is in possession of cannabis. Can the owner/manager of this property be charged with controlled drugs on premises?

Answer 21

No. He must be smoking the cannabis for PCSO to apply.

Question 22

Travel restriction orders can only be imposed on offenders who have been convicted of ??

Answer 22

• drug trafficking offences

- inciting drug trafficking offences

Question 23

What is the minimum and maximum duration of a travel restriction order ?

Answer 23

Minimum is 2 years….. no maximum duration set.

Question 24

If Pablo has a travel restriction order, he is on an internal flight in the UK but it is diverted to an airport outside of the UK. Is he guilty of contravening a travel restriction order ?

Answer 24

Yes. Even if he leaves the UK involuntarily, the offence is still committed. ONLY if they were deported by the home security then they wouldn’t be guilty.

Question 25

Ghost runs the nightclub and tommy is the manager. Ghost is unaware but tommy is letting customers do cocaine in the toilets as they are spending a lot of money. Who if either commit the offence of being the occupier or manager of a premis and permitting drug use?

Answer 25

Neither. Think PCSO.
Production of drugs 
Smoking cannabis 
Supplying drugs 
Smoking opium.