04-08.2 Controlled Drugs_80e54ffc9c346538ea643f4fb49c8aad.pdf

OFFICIAL Unit 4 Lesson 8.2...

OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Lesson Aim: The learner will be able to explain legislation and procedural considerations in relation to controlled drugs, temporary class drugs and Psychoactive Substances Introduction Learning Outcomes: Drugs misuse and the social problems associated with it have plagued our society On successful completion of the lesson, for many years. students will be able to:- The effects of this misuse can have an effect 1. Describe the offences in relation to not only on the user’s wellbeing, but also on production/supply, unlawful and lawful the community as a whole through increased possession of controlled drugs crime and anti-social behaviour. The subsequent police and court time 2. Explain your powers of search under allocated to dealing with drugs and related Section 23 of the Misuse of Drugs Act 1971 crimes and offences is significant. and the offence of obstruction/concealment The main legislation dealing with the misuse of controlled drugs is the Misuse of Drugs Act 1971. 3. Explain what information is required when completing a standard prosecution report This Act was specifically introduced to deal pertaining to drug offences with offences of drug misuse. In this lesson any reference to "the Act" will refer to the Misuse of Drugs Act 1971. 4. State the offences in relation to the Psychoactive Substances Act 2016 and your associated powers 1 th Amended 25 April 2024 v.5 OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs What is a Drug? In general terms a drug can be defined as:- “Any chemical substance which affects the workings of the mind or body.” The effects experienced by users depends on the following factors:- amount taken route taken e.g. orally, smoked, snorted, injected mood of the user and their surroundings user’s tolerance (if any) See Pre-Read for Categories and Classification of Drugs. Activity 1 A1 Before we look in detail at these offences under the Act, write down what you think might be considered criminal offences. For example:- 1. Possession of a controlled drug 2. 3. 4. 5. 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Some offences are deemed to be more serious than others and are therefore dealt with by different courts. The penalties imposed relate to the severity of the offence, e.g. supplying a controlled drug may be regarded as more serious than possession of one and possession of a Class A drug may be considered more serious than possession of a Class C drug. Common Offences in the Misuse of Drugs Act 1971 Production and Supply Section 4(1) of the Act makes it unlawful for a person to:- a) produce a controlled drug, or to b) supply or offer to supply a controlled drug to another. Production of a Controlled Drug Section 4(2) of the Act creates an offence for a person to:- a) produce a controlled drug in contravention of subsection (1) above, or to b) be concerned in the production of such a drug in contravention of that subsection by another. Note:- ‘Produce’ includes manufacture, cultivation or any other method of production. In Scotland this offence is commonly committed by persons involved in the cultivation of cannabis however it can be applied to the persons involved in the production of other drugs. See Pre-Read for Cannabis Cultivations and Drug Factories. 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Concerned in the Supply/Sale of a Controlled Drug Section 4(3) of the Act creates an offence for a person to:- a) supply or offer to supply a controlled drug to another in contravention of subsection (1) above, or to b) be concerned in the supplying of such a drug to another in contravention of that subsection. In terms of supply or offer to supply, Section 4(3)(a) requires the individual supplied to, to be named. Therefore, the most common charge libelled in respect of someone supplying a controlled drug is an offence against Section 4(3)(b) which does not require such a named individual. Activity 2 A2 What evidence might be available for you to gather as productions in a supply case? 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Feedback 1 F1 If you included the following in your answers you would have been correct: Possession of a controlled drug Production of a controlled drug Supplying a controlled drug Possession of a controlled drug with intent to supply Concerned in the supply of drugs Case Law Where a man, while alone, supplied drugs and, a fortnight later his daughter requested payment on behalf of her father from the person who had bought the drugs, it was held that, she was "concerned in the supply". (Douglas v. Boyd, 1996, S.C.C.R. 44) Unlawful Possession Section 5(1) makes it unlawful for any person to have a controlled drug in their possession Section 5(2) makes it an offence for any person to have a controlled drug in their possession in contravention of subsection (1) above without lawful authority. The amount of drugs the person has possession of is immaterial. Example:- a person being searched, after being arrested on another matter, was found to be in possession of a minute piece of cannabis in his jacket pocket. He was charged with possession under this section. 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Possession with Intent to Supply Section 5(3) which makes it an offence for any person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it to another in contravention of Section 4(1) of this Act. Note:- ‘Possession’ includes constructive possession as well as actual possession. (e.g. drugs found in a flat whilst the tenant is temporarily absent are still in the tenant's possession). Clearly there is a distinction drawn between a person having controlled drugs for their own ‘personal use’ and those individuals supplying controlled drugs. The latter incurs heavier penalties. It is up to the Procurator Fiscal to prove in Court that the amount found was for supply and not ‘personal use’. A possession offence is only appropriate when the quantity of drugs is small and there is no inference that the person intended to supply. When a supply quantity of drugs is recovered a possession offence (Section 5(2)) should not be libelled. The person should be considered for possession with intent to supply (Section 5(3)) or concerned in the supply (Section 4 (3) (b)) of that drug, depending on the circumstances. Note:- ‘Supply' involves the parting of possession from one person to another and includes distribution. See Appendix A for practical guidance surrounding drugs Possession and Appendix B for practical guidance surrounding Possession with Intent to Supply and Being Concerned in the Sale and Supply. Case Law The appellant was convicted of possessing cannabis resin with intent to supply, contrary to Section 5(3) above. The Crown relied on the size of the block (over 91g) for proof of intent to supply, and evidence from a Drugs Squad officer that it was too large to be for personal use. Held, on appeal, that there was sufficient evidence to entitle the jury to draw the necessary inference of intent. (Anwar-ul-Haq v. H.M.A., 1987, S.C.C.R. 433) 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Statutory Defence Section 5(4) provides a statutory defence. A person accused of unlawful possession of a controlled drug has a defence if they can prove to the court that:- 1. suspecting it to be a controlled drug, they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug (e.g. parent or teacher), and 2. as soon as possible after taking possession of it they took all such steps as were reasonably open to them to destroy the drug or to deliver it into the custody of a person lawfully entitled to possess the drug (e.g. police officer, doctor or chemist, etc.). Lawful Possession Certain people are entitled to possess controlled drugs in the course of their employment. For example:- Doctors Vets Dentists Chemists Police Officers All in the course of their employment. There are also individuals who have been lawfully prescribed a drug who may also possess the drug concerned, including some drug addicts who receive prescription-controlled drugs as part of their drug abuse treatment plan. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Occupiers etc. of Premises Section 8 of the Misuse of Drugs Act, 1971 provides that:- A person commits an offence if, being the occupier or concerned in the management of any premises, knowingly permits or suffers any of the following activities to take place on those premises:- A. Producing or attempting to produce a controlled drug in contravention of section 4(1) of this Act; B. Supplying or attempting to supply a controlled drug to another in contravention of section 4(1) of this Act, or offering to supply a controlled drug to another in contravention of section 4(1); C. Preparing opium for smoking; D. Smoking cannabis, cannabis resin or prepared opium. Example Charge EC On 10th July 2020, at 214 Main Street, Brookbank, you GRANT MUIRHEAD, being the occupier of the premises did knowingly permit or suffer said premises to be used for the purposes of attempting to unlawfully produce a controlled drug, namely CANNABIS a Class B drug specified in Part 2 of Schedule 2 to the Misuse of Drugs Act 1971 in contravention of Section 4(1) of said Act; CONTRARY to the Misuse of Drugs Act 1971, Section 8(a) Power of Search Section 23 of the Act provides police with certain powers enabling them to carry out searches for evidence of drugs offences. Section 23(2) This sub-section refers to your powers in places to which you have lawful access. As a Constable, if you have reasonable grounds to suspect that any person is in possession of a controlled drug, you may without warrant:- 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Search that person and detain them for that purpose. Search any vehicle or vessel in which you suspect that the drugs may be found and for the purpose of that search require the person in charge of the vehicle or vessel to stop it (see note). Seize and detain anything found in the course of the search, which appears to be evidence of a drugs offence. Note:- You may be justified to search the vehicle/vessel and occupants under this sub-section but you should bear in mind your grounds for conducting such a search. For example, if you receive information that controlled drugs are inside a specific vehicle/vessel you may be entitled to search the vehicle/vessel and all occupants within. However, if the information relates to a single person within the vehicle/vessel and not the vehicle /vessel itself you might only be entitled to search this person and not any other passengers. In terms of grounds for search officers should remember our SHACKS mnemonic from the ‘Stop and Search - The Code of Practice’ lesson note. Feedback 2 F2 Every investigation is different however if you considered the following you would be correct:- Large quantities of money Large quantities of drugs ‘tick list’ (list of persons whom the dealer sells to) Scales to weigh drugs Cut bags Clingfilm Cutting agents e.g. talcum powder, floor cleaner, glucose used to dilute the drugs strength and increase the profit for the dealer Financial information e.g. notebooks that detail the profits made from drug dealing Combining all the available physical evidence along with witness statements and intelligence is the key to building a strong case. 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Section 23(3) - Powers to Search Premises - Search Warrant If a justice of the peace, a magistrate or a sheriff is satisfied by information on oath, that there is reasonable ground for suspecting:- a) that any controlled drugs are, in contravention of this Act or of any regulations or orders made thereunder, in the possession of a person on any premises; or b) that a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the United Kingdom, an offence against the provisions of a corresponding law in force in that place, is in the possession of a person on any premises (drug trafficking), they may grant a warrant authorising any Constable at any time or times within one month from the date of the warrant, to enter, if need be by force, the premises named in the warrant, and to search the premises and any persons found therein and to seize and detain those drugs or that document, as the case may be. Note:- THE WARRANT CAN ONLY BE USED ONCE An example of a warrant application is shown in Appendix C and a pro forma drugs warrant in Appendix E of this lesson note. When applying for a warrant you will have to swear an oath or affirm that you are telling the truth. The oath and affirmation are printed on the rear of the warrant and can be seen in Appendix D of this lesson note. If members of police staff will be present during the search it is important that they are included on the warrant. Note:- When executing a search warrant a Constable also has the power to detain and search any persons who call at those premises during the course of the search, if such callers have no obvious lawful explanation for their presence there. 10 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Depending on exactly where the caller is in relation to the property it may be more appropriate to use powers under Section 23 of the Misuse of Drugs Act 1971 for detention and search. Case Law The High Court held that police intelligence as to accused’s movements and existence of a recently granted warrant to search a house for drugs meant officers had reasonable grounds to detain and search the accused for drugs (Gilmour v. H.M.A., 2014) Obstruction/Concealment Section 23(4) creates an offence for any person to intentionally obstruct the police in the exercise of any lawful power of search. It is also an offence for a person to take active steps to conceal anything that may be lawfully seized by police under these powers of search. Additionally, a person who intentionally obstructs a Constable in the exercise of the Constable’s powers under Section 23A commits an offence. Note:- This offence should be considered against anyone who fails to adhere to the directions of an officer utilising his powers of detention and search under Section 23(2) or Section 23A. It must be remembered that an officer and colleague can have a number of suspects detained pending a search and the instructions given to them about their conduct whilst awaiting the search can prevent the disposal of drugs whilst the officers carry out other searches. 11 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Temporary Class Drugs The Act provides for the temporary banning of drugs by means of Temporary Class Drug Orders. The Secretary of State can issue a Temporary Class Drug Order if both of the following are met:- The substance is not already a Class A, B or C drug and It appears that the drug is one that is being, or is likely to be misused and that misuse in having or is capable of having harmful effects. A Temporary Class Drug Order lasts for a maximum period of 12 months but may end sooner if the Order is revoked or the drug is added to the list of Class A, B or C drugs. Note:- It is NOT an offence for any person to have a temporary class drug in their possession unless that possession is in connection with production, supply or intent to supply the temporary class drug. Temporary Class Drugs - Powers of Search Section 23 Powers of Search apply equally to a temporary class drug however, the power under Section 23(2) will only apply to a temporary class drug if a Constable has reasonable grounds to suspect that the person’s possession of the drug is “in contravention of this Act”. The section 23(2) power would only apply to a temporary class drug if the Constable has reason to suspect that the person’s possession is in contravention of other provisions of the Act e.g. production, concerned in the supply/sale or possession with intent to supply. However, Section 23A of the act, relates specifically to temporary class drugs and provides the powers to:- search and detain a person (or vehicle or vessel) where a Constable has reasonable grounds to suspect that the person is in possession of a temporary class drug; seize, and detain anything which appears to be a temporary class drug; and 12 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs dispose of the drug in such manner as the Constable thinks is appropriate if there is a reasonable belief that it is a temporary class drug. Reports A drugs report will take the same format as any other Standard Prosecution Report (SPR) but will on many occasions require additional details for example:- A. what power you used for the stop and search of the accused and what the reasonable suspicion was for the stop and search. B. the correct name and description of the drug, e.g. cannabis resin. C. the exact weight of the drug. D. the approximate street value of the drug and the price paid by the accused if known. Officers in your drug Drugs Expert Witness Unit will be able to give a street value and opinion on whether or not the circumstances infer possession or supply. E. at the conclusion of the report it would be appropriate to remind the Procurator Fiscal that the Crown should seek the forfeiture of any drugs recovered all money, no matter how much, thought to be the proceeds of drugs supply. 13 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Example Charge EC Example 1:- “On 19th September 2020, at Stuart Street, Brookbank, you KIM WALKER did have in your possession a controlled drug, namely herbal cannabis a class B Drug specified in Part 2 of Schedule 2 of the Misuse of Drugs Act 1971 in contravention of Section 5(1) of said Act and contrary to Section 5(2) of the Misuse of Drugs Act 1971.” Example 2:- “On 21st February 2020, at Southhall Street, Brookbank, you GARY DINGLE did have in your possession a controlled drug, namely Diamorphine, a class A controlled drug as specified under Part 1 of Schedule 2 of the Misuse of Drugs Act, 1971 in contravention of Section 5(1) of said Act and contrary to Section 5(2) of the Misuse of Drugs Act 1971.” The wording used for other charges such as section 4 (being concerned with) is very similar in construction, it would just relate to the specific elements required to prove the charge being reported. 14 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Activity 3 A3 As way of personal revision, read the following questions and consider the answers. 1. List the main offences contained within the Misuse of Drugs Act 1971. 2. A prisoner is searched at the custody suite and is found to be in possession of a very small piece of cannabis resin. Explain your course of action. 3. Following search of premises under a search warrant the drugs found are seized however, what else would be of evidential value and require to be seized also? 4. Explain what is required for a statutory defence in relation to unlawful possession of drugs. 5. Who may have lawful possession of controlled drugs? 6. Explain the powers of search under Section 23 of the Misuse of Drugs Act 1971. Psychoactive Substances Act 2016 The increase in the use of Psychoactive Substances or so called 'legal highs' has led to legislation being enacted which aims to disrupt the production, sale and supply of NPS. The legislation defines a "psychoactive substance" as any substance which A. is capable of producing a psychoactive effect in a person who consumes it, and B. is not an exempted substance (see note below). A substance produces a psychoactive effect in a person if it stimulates or depresses a person's central nervous system and it affects the person's mental functioning or emotional state. See Pre-Read for more information on NPS. The legislation in relation to psychoactive substances replicates much of that contained in the Misuse of Drugs Act 1971. 15 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Note:- The following are exempt under the Act:- Drugs already controlled under the Misuse of Drugs Act (MDA) 1971 Drugs already controlled under the Medicines Act 1968 Alcohol Nicotine and tobacco products Caffeine/caffeine products Food and Drink (psychoactive substances naturally occurring in food) Producing a Psychoactive Substance Section 4 of the Act relates to the production of psychoactive substances. Section 4(1) A person commits an offence if:- (a) the person intentionally produces a psychoactive substance, (b) the person knows or suspects that the substance is a psychoactive substance, and (c) the person - i. intends to consume the psychoactive substance for its psychoactive effects, or ii. knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its psychoactive effects. Supplying, or Offering to Supply a Psychoactive Substance Section 5 of the Act relates to the supply, or offer to supply a psychoactive substance. Section 5(1) A person commits an offence if:- (a) the person intentionally supplies a substance to another person, 16 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs (b) the substance is a psychoactive substance, (c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and (d) the person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects. The offer to supply a psychoactive substance is covered in Section 5(2) of the Act. Section 5(2) A person commits an offence if:- (a) the person offers to supply a psychoactive substance to another person and (b) the person knows or is reckless as to whether the person to whom it is offered to, or another person, would, if supplied the substance, be likely to consume it for its psychoactive effects. Possession of a Psychoactive Substance with Intent to Supply Section 7 of the Act relates to the possession of a psychoactive substance. This offence is only relevant to individuals who possess a NPS in quantities which make it reasonable for you to assume they intend to supply it to others (you should seek advice from your supervisor and/or Drugs Expert Witness Unit (DEWU) for guidance on quantities). Section 7 A person commits an offence if:- (a) the person is in possession of a psychoactive substance, (b) the person knows or suspects that the substance is a psychoactive substance, and (c) the person intends to supply the psychoactive substance to another person for its consumption, whether by any person to whom it is supplied or by some other person, for its psychoactive effects. 17 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Note:- There is no statutory power to seize a psychoactive substance for personal use. You should request that the product is surrendered to you for destruction, however, the individual may refuse. Power to Stop and Search Persons/Vehicles/Vessels or Aircraft The following sections refer to your powers in places to which you have lawful access. Section 36(1) provides that a Constable, who has reasonable grounds to suspect that a person has committed, or is likely to commit, an offence under Sections 4, 5 or 7 they may:- (2) (a) Search the person for relevant evidence. (b) Stop and detain the person for the purposes of a search S.37 (a) Enter and search vehicles without warrant (b) provided the vehicle is not being used as a dwelling S.38 (a) Enter and search vessels without warrant (b) Enter and search aircraft without warrant. S.43 (a) Seize and detain anything found in the course of the search. If you find a substance you believe is psychoactive and is contrary to Sections 4, 5 or 7, during the course of a search under the Psychoactive Substances Act 2016, you may seize it and submit it for analysis. Power to Enter Private Premises Entry and search of private premises requires a warrant. If a JP or Sheriff is satisfied by information given under oath that there are items on the premises that are relevant evidence, he or she may grant a warrant to have the premises searched. Power of Arrest The offences contained within this Act are punishable by imprisonment, therefore, the power of arrest is given by Section 1 of the Criminal Justice (Scotland) Act 2016. 18 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix A Possession If there is reasonable cause to suspect that a person has possession of a controlled drug then the following course of action would be deemed appropriate:- Detain that person under the terms of Section 23 of the Misuse of Drugs Act 1971 for the purposes of a search. At this time consider how far you are going to search and where the search will take place. Caution the suspect at common law, any questions asked at this stage may be deemed inadmissible, so consider what you say carefully (See Note below) If the search proves positive retain the item. If the drug is obviously for personal use and there is no need for arrest (provided the accused is not wanted on warrant or on bail) allow the suspect to leave after explaining that the drug will be tested and if illegal a report will be submitted to the PF. Have the drug tested, identified and valued. A trained officer may be able to carry out a presumptive test or full analysis at the Laboratory may be required. If confirmed to be a controlled drug, submit a report to the PF detailing the relevant information contained within Section 9.3 of these notes. Note:- When a person is being searched questions prior to solicitor access will be limited to the following three areas: 1. Safety questions (officer safety) 2. Establish whether or not a crime has been committed 3. Identification of a suspect Questioning of a more extensive nature without PIRoS is highly likely to compromise the case. 19 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix B Possession with Intent to Supply and Being Concerned in the Sale and Supply If after utilising the powers stated above you uncover circumstances that indicate that the suspect may have possession with an intent to supply or be concerned in the sale/supply of controlled drugs then the following course of action would be deemed appropriate:- Arrest under Section 1 Criminal Justice (Scotland) Act 2016 for Possession with Intent to Supply and/or being concerned in the sale/supply of controlled drugs and convey to a police office to allow further enquiry. Following the provision of the suspect's rights, including Solicitor Access, fully interview the suspect in relation to the circumstances of the police enquiry. Consider applying for a search warrant to search the home address of the suspect. Have the drugs tested, identified and valued. A trained officer who may carry out a presumptive test or request full analysis at the Laboratory if required. If there is sufficient evidence to charge with the above offences, do so and seek advice from a supervisory custody officer as to how the case will be reported to the PF. i.e. Reported for Summons, Undertaking or Custody. Caution and charge suspect with relevant offences. See Pre-Read for more information on Presumptive Testing. 20 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix C 21 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix C 22 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix C 23 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix D 24 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Appendix E IN THE SHERIFF COURT OF ________AT __________ THE PETITION OF THE PROCURATOR FISCAL Date: From information received by the Petitioner, there is reasonable ground for suspecting (a) that controlled drugs as specified in Schedule 2 to the Misuse of Drugs Act 1971, as amended, are, in contravention of said Act or Regulations made thereunder, in the possession of a person on the premises at ADDRESS occupied by FULL NAME or (b) that a document as specified in Section 23(3)(b) of said Act is in the possession of a person on the said premises. The Petitioner therefore craves the Court to take the oath of Constable FULL NAME of the Police Service of Scotland to the effect aforesaid and to grant warrant, in terms of Section 23(3) of the said Act, authorising any Constable of the Police Service of Scotland or member of Scottish Police Authority, at any time within one month from the date of said warrant, to enter, if need be by force, and search said premises, and any garage or garden shed, and any persons found therein, and if there is reasonable ground for suspecting that an offence under said Act has been committed in relation to any said controlled drugs found on said premises, or in the possession of any such persons, or that any document so found is such a document as is mentioned in Section 23(3)(b) of said Act, to seize and detain those drugs or that document, as the case may be. ACCORDING TO JUSTICE Procurator Fiscal Depute At on In the presence of Sheriff of COMPEARED the said Constable FULL NAME Of the Police Service of Scotland who having been examined on oath or solemn affirmation depones that what is contained in the foregoing Petition is true. __________________________ Deponent __________________________ Sheriff At________on __________ The Sheriff having considered the foregoing Petition and relative oath or solemn affirmation grants warrant as craved_______________Sheriff 25 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs For further information, use the resources shown below:- Controlled Drugs Pre-Read: Lesson Note Review: You can describe the offences in relation to production/supply and unlawful possession of controlled drugs You can explain your powers of search under Section 23 of the Misuse of Drugs Act 1971 and the offence of obstruction/concealment You can explain what information is required when completing a standard prosecution report pertaining to drug offences You can state the offences in relation to the Psychoactive Substances Act 2016 and your associated powers 26 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 27 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 8.2 Controlled Drugs 28 Scots Criminal Law: Introduction and Investigation OFFICIAL