Podcast
Questions and Answers
What constitutes an offence under Section 5(3)?
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)?
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?
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?
Who has the responsibility to prove the intent to supply in court?
Which statement accurately describes the actions that can lead to an offence under Section 23A?
Which statement accurately describes the actions that can lead to an offence under Section 23A?
What must be true for the Secretary of State to issue a Temporary Class Drug Order?
What must be true for the Secretary of State to issue a Temporary Class Drug Order?
What is meant by 'constructive possession' in the context of controlled drugs?
What is meant by 'constructive possession' in the context of controlled drugs?
How long does a Temporary Class Drug Order last?
How long does a Temporary Class Drug Order last?
Which of the following is NOT considered supply under Scots law?
Which of the following is NOT considered supply under Scots law?
When can a Temporary Class Drug Order end before the maximum period?
When can a Temporary Class Drug Order end before the maximum period?
If a small quantity of controlled drugs is recovered with no intent to supply, what offence should be considered?
If a small quantity of controlled drugs is recovered with no intent to supply, what offence should be considered?
What can potentially happen while police conduct other searches?
What can potentially happen while police conduct other searches?
What does 'supply' mean in the context of controlled drugs?
What does 'supply' mean in the context of controlled drugs?
What is one of the conditions for a substance to be temporarily banned?
What is one of the conditions for a substance to be temporarily banned?
What should happen when a large quantity of drugs is found?
What should happen when a large quantity of drugs is found?
What action constitutes active concealment of items from police?
What action constitutes active concealment of items from police?
What is a key characteristic of a psychoactive substance as defined by recent legislation?
What is a key characteristic of a psychoactive substance as defined by recent legislation?
Which of the following is not a requirement for a statutory defence in relation to unlawful possession of drugs?
Which of the following is not a requirement for a statutory defence in relation to unlawful possession of drugs?
Under Section 23 of the Misuse of Drugs Act 1971, what authority is granted to law enforcement during a search?
Under Section 23 of the Misuse of Drugs Act 1971, what authority is granted to law enforcement during a search?
Who is not legally allowed to possess controlled drugs?
Who is not legally allowed to possess controlled drugs?
What action should be taken if drugs are seized during a search of premises?
What action should be taken if drugs are seized during a search of premises?
What is one purpose of the Psychoactive Substances Act 2016?
What is one purpose of the Psychoactive Substances Act 2016?
Which of the following best defines a controlled drug?
Which of the following best defines a controlled drug?
What term describes substances that are capable of stimulating or depressing a person's central nervous system?
What term describes substances that are capable of stimulating or depressing a person's central nervous system?
What constitutes committing an offence concerning psychoactive substances?
What constitutes committing an offence concerning psychoactive substances?
Which of the following applies when a Constable suspects a person has committed an offence under the specified sections?
Which of the following applies when a Constable suspects a person has committed an offence under the specified sections?
Which section grants a Constable the power to enter and search vehicles without a warrant?
Which section grants a Constable the power to enter and search vehicles without a warrant?
What is the protocol for dealing with psychoactive substances intended for personal use?
What is the protocol for dealing with psychoactive substances intended for personal use?
What must a person demonstrate to be convicted of an offence related to psychoactive substances?
What must a person demonstrate to be convicted of an offence related to psychoactive substances?
Which of the following actions can a Constable NOT perform without a warrant?
Which of the following actions can a Constable NOT perform without a warrant?
Under what condition can a Constable stop and detain a person?
Under what condition can a Constable stop and detain a person?
Which of the following is NOT a component of committing an offence involving psychoactive substances?
Which of the following is NOT a component of committing an offence involving psychoactive substances?
What is one action taken if a suspect is suspected of possessing controlled drugs with intent to supply?
What is one action taken if a suspect is suspected of possessing controlled drugs with intent to supply?
What is the purpose of a presumptive test in the context of controlled drugs?
What is the purpose of a presumptive test in the context of controlled drugs?
What should be done before interviewing a suspect in a drug-related investigation?
What should be done before interviewing a suspect in a drug-related investigation?
What is one of the first actions to consider after arresting a suspect for drug-related offences?
What is one of the first actions to consider after arresting a suspect for drug-related offences?
What should be done if there is enough evidence to charge the suspect for possession with intent to supply?
What should be done if there is enough evidence to charge the suspect for possession with intent to supply?
What might a trained officer do if there's a need for a drug analysis?
What might a trained officer do if there's a need for a drug analysis?
What is the significance of having drugs tested and identified in a case of possession with intent to supply?
What is the significance of having drugs tested and identified in a case of possession with intent to supply?
What is typically done after arresting a suspect suspected of drug offences?
What is typically done after arresting a suspect suspected of drug offences?
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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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