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Possession with Intent to Supply Quiz
40 Questions
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Possession with Intent to Supply Quiz

Created by
@FancyRhodium

Questions and Answers

What constitutes an offence under Section 5(3)?

  • Possession of a controlled drug for personal use
  • Having controlled drugs found in another person's flat
  • Consuming controlled drugs in a private space
  • Possession of a controlled drug intended for supply (correct)

    • What constitutes an offence under Section 23(4)?

  • Accidentally concealing evidence during a search
  • Filing a complaint against police search procedures
  • Refusing to participate in a police search
  • Intentionally obstructing the police during a lawful search (correct)

    • Which aspect differentiates possession for personal use from possession with intent to supply?

  • The location of the drugs'
  • The type of controlled drug involved
  • The financial gain expected from the drugs
  • The amount of the controlled drug possessed (correct)

    • Who has the responsibility to prove the intent to supply in court?

    <p>The Procurator Fiscal</p> Signup and view all the answers

    Which statement accurately describes the actions that can lead to an offence under Section 23A?

    <p>Failing to follow directions of a Constable during detention</p> Signup and view all the answers

    What must be true for the Secretary of State to issue a Temporary Class Drug Order?

    <p>The substance is likely to be misused and may cause harm</p> Signup and view all the answers

    What is meant by 'constructive possession' in the context of controlled drugs?

    <p>Having drugs found in a location under one's control</p> Signup and view all the answers

    How long does a Temporary Class Drug Order last?

    <p>A maximum of 12 months</p> Signup and view all the answers

    Which of the following is NOT considered supply under Scots law?

    <p>Possessing controlled drugs for personal consumption</p> Signup and view all the answers

    When can a Temporary Class Drug Order end before the maximum period?

    <p>If the Secretary of State withdraws the order</p> Signup and view all the answers

    If a small quantity of controlled drugs is recovered with no intent to supply, what offence should be considered?

    <p>Possession under Section 5(2)</p> Signup and view all the answers

    What can potentially happen while police conduct other searches?

    <p>Suspects may dispose of evidence if not monitored</p> Signup and view all the answers

    What does 'supply' mean in the context of controlled drugs?

    <p>The act of parting possession from one person to another</p> Signup and view all the answers

    What is one of the conditions for a substance to be temporarily banned?

    <p>Must be likely to be misused and cause harm</p> Signup and view all the answers

    What should happen when a large quantity of drugs is found?

    <p>It should be considered for possession with intent to supply</p> Signup and view all the answers

    What action constitutes active concealment of items from police?

    <p>Hiding substances behind furniture</p> Signup and view all the answers

    What is a key characteristic of a psychoactive substance as defined by recent legislation?

    <p>It is capable of producing a psychoactive effect when consumed.</p> Signup and view all the answers

    Which of the following is not a requirement for a statutory defence in relation to unlawful possession of drugs?

    <p>Proving that the drugs were for personal use only.</p> Signup and view all the answers

    Under Section 23 of the Misuse of Drugs Act 1971, what authority is granted to law enforcement during a search?

    <p>To seize drugs and any items that are of evidential value.</p> Signup and view all the answers

    Who is not legally allowed to possess controlled drugs?

    <p>An individual found with drugs intended for distribution.</p> Signup and view all the answers

    What action should be taken if drugs are seized during a search of premises?

    <p>Evidence related to the drugs must also be collected.</p> Signup and view all the answers

    What is one purpose of the Psychoactive Substances Act 2016?

    <p>To disrupt the production and supply of new psychoactive substances.</p> Signup and view all the answers

    Which of the following best defines a controlled drug?

    <p>Substances that require a prescription for legal use due to potential harm.</p> Signup and view all the answers

    What term describes substances that are capable of stimulating or depressing a person's central nervous system?

    <p>Psychoactive substances.</p> Signup and view all the answers

    What constitutes committing an offence concerning psychoactive substances?

    <p>Intention to supply a psychoactive substance</p> Signup and view all the answers

    Which of the following applies when a Constable suspects a person has committed an offence under the specified sections?

    <p>They may search the person for relevant evidence.</p> Signup and view all the answers

    Which section grants a Constable the power to enter and search vehicles without a warrant?

    <p>S.37</p> Signup and view all the answers

    What is the protocol for dealing with psychoactive substances intended for personal use?

    <p>Request the product be surrendered for destruction.</p> Signup and view all the answers

    What must a person demonstrate to be convicted of an offence related to psychoactive substances?

    <p>Knowledge or suspicion of the substance's nature</p> Signup and view all the answers

    Which of the following actions can a Constable NOT perform without a warrant?

    <p>Search a vehicle being used as a dwelling</p> Signup and view all the answers

    Under what condition can a Constable stop and detain a person?

    <p>With reasonable grounds to suspect they may commit an offence</p> Signup and view all the answers

    Which of the following is NOT a component of committing an offence involving psychoactive substances?

    <p>Confirmation of the substance by a third party</p> Signup and view all the answers

    What is one action taken if a suspect is suspected of possessing controlled drugs with intent to supply?

    <p>Arrest under Section 1 Criminal Justice (Scotland) Act 2016.</p> Signup and view all the answers

    What is the purpose of a presumptive test in the context of controlled drugs?

    <p>To establish the presence of drugs quickly.</p> Signup and view all the answers

    What should be done before interviewing a suspect in a drug-related investigation?

    <p>Provide the suspect's rights, including solicitor access.</p> Signup and view all the answers

    What is one of the first actions to consider after arresting a suspect for drug-related offences?

    <p>Apply for a search warrant for the suspect's home address.</p> Signup and view all the answers

    What should be done if there is enough evidence to charge the suspect for possession with intent to supply?

    <p>Seek advice from a supervisory custody officer on case reporting.</p> Signup and view all the answers

    What might a trained officer do if there's a need for a drug analysis?

    <p>Request a full analysis at the Laboratory.</p> Signup and view all the answers

    What is the significance of having drugs tested and identified in a case of possession with intent to supply?

    <p>It provides essential evidence for prosecution.</p> Signup and view all the answers

    What is typically done after arresting a suspect suspected of drug offences?

    <p>Convey the suspect to a police office for further inquiry.</p> Signup and view all the answers

    Study Notes

    Possession with Intent to Supply

    • Section 5(3) of the Misuse of Drugs Act 1971 criminalizes possession of controlled drugs with intent to distribute them.
    • Constructive possession is recognized; drugs may still be deemed in someone's possession even if not physically present (e.g., in a tenant's flat when absent).
    • A vital distinction exists between possession for personal use (lighter penalties) and possession with intent to supply (harsher penalties).
    • The burden of proof lies with the Procurator Fiscal to demonstrate that the drugs found were intended for supply rather than personal use.
    • Small quantities with no evidence of intent to supply result in a possession offence (Section 5(2)); larger amounts necessitate charges for intent to supply or concern in supply under Section 4(3)(b).

    Obstruction/Concealment

    • Section 23(4) establishes that obstructing police during a lawful search is a criminal offence.
    • Taking actions to conceal items that may be lawfully seized is also a criminal act.
    • Non-compliance with police orders during detentions or searches can lead to charges.

    Temporary Class Drugs

    • Temporary Class Drug Orders can be issued by the Secretary of State to ban substances not classified as A, B, or C drugs if misuse poses potential harm.
    • These orders last a maximum of 12 months, subject to revocation or reclassification.

    Psychoactive Substances Act 2016

    • Defines "psychoactive substance" as anything that can affect central nervous system functioning and is not exempt.
    • Possession of a psychoactive substance with intent to supply is criminalized under Section 7.
    • Law enforcement lacks authority to seize psychoactive substances intended for personal use; individuals may be asked to surrender these substances voluntarily.

    Powers of Search Under Section 23

    • Section 36(1) allows Constables to search individuals suspected of drug-related offences.
    • Officers can stop, detain, and search vehicles, vessels, and aircraft without a warrant under specific conditions (Sections 37-38).
    • Any items found during searches can be seized and detained.

    Enforcement Actions for Drugs Offences

    • If possession with intent is suspected, arrest under Section 1 of the Criminal Justice (Scotland) Act 2016 is warranted.
    • Post-arrest, suspects have rights to solicitor access and must be fully interviewed.
    • Officers may seek a search warrant for the suspect's home and conduct drug testing and identification.
    • Sufficient evidence can lead to formal charges, reported through appropriate channels (e.g., summons or custody).

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    Description

    Test your understanding of the legal principles surrounding possession with intent to supply under the Misuse of Drugs Act 1971. This quiz covers key distinctions between personal use and intent to distribute, as well as the implications of constructive possession. Assess your knowledge on legal penalties and the responsibilities of law enforcement.

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