Psychoactive Substances Act 2016 PDF

Police College INV15 INV13 Psychoactive Substances Act 2016 This Act came into being during May 2016, primarily to deal with what were formerly ‘legal highs’, and associated importers and suppliers. Examples of such substa...

Police College INV15 INV13 Psychoactive Substances Act 2016 This Act came into being during May 2016, primarily to deal with what were formerly ‘legal highs’, and associated importers and suppliers. Examples of such substances are synthetic cannabis, mephedrone also known as ‘plant’ food, and a long list of other substances which were not classified under the Misuse of Drugs Act. You may have heard of these substances in the press being sold at outlets in the past known as ‘Headshops’. The Psychoactive Substances Act may also be relevant in relation to the supply of solvents such as glue, aerosols and thinners etc. This point will be discussed later in your notes. Overview of the Psychoactive Substances Act 2016 1. This Act creates a blanket ban on the production, distribution, sale and supply of psychoactive substances in the United Kingdom. 2. Section 2 defines a “psychoactive substance” for the purposes of the Act. Schedule 1 lists substances, such as food, alcohol, tobacco, caffeine, medicinal products and controlled drugs controlled drugs, which are excluded from the definition. 3. Sections 4 to 9 make it an offence to produce, supply, offer to supply, possess with intent to supply, import, export, or possess in a custodial institution psychoactive substances. The maximum sentence for all these offences is seven years’ imprisonment, with the exception of possession in a custodial institution, which carries a maximum sentence of two years. Section 11 and Schedule 2 provide for exemptions to these offences, and enable regulations to be made to provide for further exemptions. 4. Sections 12 to 35 provide for four civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders (breach of the two orders will be a criminal offence) – to enable the police and local authorities to adopt a graded response to the production, supply etc of psychoactive substances in appropriate OFFICIAL [SENSITIVE] Page 129  Police College INV15 INV13 cases. 5. Sections 36 to 54 provide for powers to stop and search persons, vehicles and vessels, to enter and search premises (under warrant) and to forfeit seized psychoactive substances and other items. These measures are not designed to replace entirely either the Misuse of Drugs Act 1971 or the existing penalties introduced through instruments made under that legislation. Some psychoactive substances will continue to be classified under MDA 1971 where higher control and penalties are considered justified. What is a psychoactive substance? Psychoactive substance - any substance which is capable of producing a psychoactive effect in a person who consumes it and is not an exempted substance. Consumed - causes or allows the substance or fumes to enter the body Exemptions: Controlled drugs (as defined within the Misuse of Drugs Act). Medicinal products. Alcohol. Nicotine and tobacco products. Caffeine. Any substance ordinarily consumed as food. Offences under the Psychoactive Substances Act 2016 Section 4 – Producing a Psychoactive Substance  The production of the substance must be intentional, not a by-product of another process. OFFICIAL [SENSITIVE] Page 130  Police College INV15 INV13  The producer must know or suspect it to be a psychoactive substance.  The producer must either intend to consume it themselves, or know or be reckless as to whether another person is likely to consume it for its psychoactive effects. Section 5 – Supplying or Offering to Supply a Psychoactive Substance  The supply of the substance must be intentional.  The supplier must have or should have known the substance is a psychoactive substance.  The supplier must know or be reckless as to whether the substance is likely to be consumed for its psychoactive effects. Section 6 – Aggravation of Offence under Section 5  If the transaction occurs in or near a school when being used by children or young people or within 1 hour of any such time,  or  The person causes or permits a child or young person under 18 years to deliver a psychoactive substance to a third party,  or  If the transaction occurs in a custodial institution (see section 9 for the definition of ‘custodial institution’). Section 7 – Possession of Psychoactive Substance with Intent to Supply The person must know or suspect the substance to be a psychoactive substance. The person must intend to supply it to another person for its psychoactive effects. Section 9 – Possession of a Psychoactive Substance in a Custodial Institution A person commits this offence if: The person is in possession of a psychoactive substance in a ‘custodial institution’. OFFICIAL [SENSITIVE] Page 131  Police College INV15 INV13 The person knows or suspects that the substance is a psychoactive substance and The person intends to consume the substance for its psychoactive effects. A ‘custodial institution’ is  A prison.  A young offenders’ institution, secure training centre, secure college, offenders centre, juvenile justice centre or remand centre.  A removal centre, short term holding facility or pre-departure accommodation (defined under the Immigration and Asylum Act 1999).  Service custody premises (as defined under the Armed Forces Act 2006). Powers under the Psychoactive Substances Act 2016 Section 36 – Power to stop and search persons This power exists if police or a customs officer has reasonable grounds to suspect that a person has committed, or is likely to commit, an offence under any of sections 4 to 9. The officer may: Search the person for relevant evidence. Stop and detain the person for the purpose of the search. This power may be exercised in any place to which the officer lawfully has access, whether or not it is a place to which the public have access. Section 37 – Power to enter and search vehicles A police or customs officer has reasonable grounds to suspect that there is relevant evidence in a vehicle, and the vehicle is not a dwelling. OFFICIAL [SENSITIVE] Page 132  Police College INV15 INV13 The officer may at any time: enter the vehicle and search it for relevant evidence; stop and detain the vehicle for the purposes of entering and searching it. Where a police or customs officer has stopped a vehicle under this section, And the officer considers that it would be impracticable to search the vehicle in the place where it has stopped, the officer may require the vehicle to be taken to such place as the officer directs to enable the vehicle to be searched. A police or customs officer may require: - any person travelling in a vehicle, or - the registered keeper of a vehicle, to afford such facilities and assistance with respect to matters under that person’s control, as the officer considers would facilitate the exercise of any power conferred by this section. The powers conferred by this section may be exercised in any place to which the officer lawfully has access (whether or not it is a place to which the public has access). In this section vehicle does not include any vessel or aircraft. Section 39 - Power to Enter and Search Premises Where a justice is satisfied that the requirements in subsection (4) are met in relation to any premises, the justice may issue a warrant (a search warrant) authorising a relevant enforcement officer: OFFICIAL [SENSITIVE] Page 133  Police College INV15 INV13 to enter the premises, and to search them for relevant evidence. Section 43 – Power of Seizure A police or customs officer who is exercising the power of search conferred by Section 36 may seize and detain anything found in the course of the search. This subsection applies where a relevant enforcement officer: - is exercising a power of search conferred by Sections 37, 38 or 39 in relation to any premises, or - is otherwise lawfully on premises. These notes do not represent the legislation in its entirety, there are many sections to the act, and however these notes have been tailored to those parts of the legislation most likely to be used in a uniform police officer’s probationary period. Solvent abuse Solvents are a volatile hydrocarbon, that is, chemicals which release fumes. They are used widely in industrial processes and in the home. The list of items containing solvents is extensive and includes such produces as glues, paints, nail varnish removers, dry cleaning fluids, de-greasing compounds, etc. Other carbon based substances are used as propellant gases (in aerosols and fire extinguishers) or as fuels (petrol, cigarette lighter gas). Solvent abusers can be of both sexes, of any age group and from all walks of life, but most of those who try it are teenagers between 12 and 16 years of age, some are much younger. The reasons why young people sniff solvents vary with each individual. Usually it is done out of curiosity; some do it because they want to belong to a group where sniffing is part of the group’s activities; some young people may be unhappy for a number of possible reasons and may try sniffing either to seek attention or to escape from their problems. Sniffing is also a cheap and easy substitute for alcohol and other drugs, OFFICIAL [SENSITIVE] Page 134  Police College INV15 INV13 especially for young persons in their early teens. For most young people it is a passing phase but for some it can become a dangerous habit. The results of solvent inhalation Inhaled solvent vapours are absorbed through the lungs and rapidly reach the brain. Part of the effect is due to reduced oxygen intake. Body functions like breathing and heart rate are depressed and repeated or deep inhalation can result in an overdose causing disorientation, loss of control and unconsciousness from which, in normal circumstances, sniffers quickly recover. The experience is like being drunk. Habitual sniffers may go on to seek dream-like experiences. Generally these are not true hallucinations as youngsters don’t confuse them with reality. The effects of solvent vapours come on quickly and disappear within a few minutes to half an hour if sniffing is stopped. Afterwards the young person may experience a mild hangover. Heavy solvent abuse might result in moderate but lasting impairment of brain function, affecting especially the control of movement. Chronic misuse of aerosols and cleaning fluids might cause kidney and liver damage while repeated sniffing of leaded petrol may result in lead poisoning. While someone is sniffing repeatedly the ‘hangover’ effects of pallor, fatigue, forgetfulness and loss of concentration can become a recurring feature and lead to impaired performance, with possible weight loss, depression and tremor, but these symptoms will clear up when sniffing is discontinued. Tolerance sometimes develops but physical dependence is not a significant problem. Psychological dependence develops in a minority of susceptible young people with underlying family or personality problems. The risks associated with short-term use include accidental death if sniffing occurs in an unsafe environment, such as on a roof or along a river bank. If sniffing is done to the point of unconsciousness death by choking becomes a possibility. Death from suffocation may also result if the method used to inhale the solvent obstructs breathing, e.g. a plastic bag placed over the head, or it is done in a confined space. Some products, notably aerosol gases and cleaning fluids, sensitize the heart and can cause heart failure, especially if sniffers exert themselves at the same time. Gases squirted directly into the mouth can cause death from suffocation. OFFICIAL [SENSITIVE] Page 135  Police College INV15 INV13 Investigative Skills Misuse of Drugs and Psychoactive Substances Introduction The misuse of drugs is a problem of modern society and is often the root cause of other crimes. There are many reasons why people take drugs, ranging from the wish to be rebellious or shock, to belong to a group, to escape problems, or simply because it seems like fun. In addition to the potential damage to the individual’s health, there are wider social and criminal dangers resulting from drug-influenced behaviour or crimes such as burglary and prostitution which are undertaken to finance a drug habit. Drug abuse is widespread throughout Northern Ireland and is not confined to any particular geographical area or to individuals in any particular section of society. The main legislation dealing with drugs is the Misuse of Drugs Act 1971. There are numerous drugs that are controlled by the Act, and may be added to when necessary by issuing new regulations. The police are not expected to have an in depth knowledge of the range of drugs on the market but should be aware of the common drugs. This Act creates many offences in relation to illegal manufacturing, importing, supplying and possession of ‘controlled drugs’. However, during the course of your duties you are most likely to encounter offences concerned with the possession of controlled drugs and these notes will concentrate on that particular aspect. Recognition It is extremely difficult to differentiate between ‘controlled drugs’, ‘non-controlled drugs’, and other ‘harmless substances’. Accompanying circumstances, such as apparent drunkenness without any smell of intoxicants, may create a reasonable suspicion that controlled drugs are being abused. Always bear in mind that a person may be suffering from some illness that causes similar symptoms. An essential part of the evidence in any drug offence is to prove that the substance is a OFFICIAL [SENSITIVE] Page 115  Police College INV15 INV13 controlled drug, or contains a controlled drug. Consequently, substances, which are suspected of being a controlled drug, must be analysed by forensic scientists, who certify their findings for the court. Never try to make your own identification by tasting a suspect substance; it is of no evidential value and is dangerous. The controlled drugs are listed in the Misuse of Drugs Act 1971, and regulations made there under. However, the list can be altered when necessary by the issuing of new regulations. Classes of Drugs Controlled drugs are classified as Class ‘A’, ‘B’ or ‘C’, according to their toxicity. Many of these drugs are known by their slang names but these differ from area to area and change frequently, officers should therefore make themselves aware of local slang terminology. Class A Narcotics: (sleep inducing) Includes opium, morphine, and heroin. Heroin: A white powder that can be sniffed, smoked or melted and injected. It is an opium-based painkiller, mentally and physically addictive; it gives feeling of contentment and invincibility, but can cause nausea and overdosing can be fatal. Cocaine: Is available as a white powder, which is usually sniffed, or crack, a crystal form that can be smoked. Both are very expensive and the effects short-lived. It gives a feeling of confidence and energy and can be both mentally and physically addictive. It is not sleep inducing. Hallucinogens: (LSD, Ecstasy, Liberty Cap Mushrooms) LSD: A psychedelic drug that causes hallucinogenic trips that can be wonderful or terrible. It is taken in minute quantities by a pill or tab of impregnated blotting paper. Not a drug we see a lot of. OFFICIAL [SENSITIVE] Page 116  Police College INV15 INV13 Ecstasy: Tablets or capsules containing methylenedioxy methylamphetamine (MDMA), and is often mixed with other substances. Effects include euphoria, benevolence and heightened perceptions, but it can cause nausea, dehydration and anxiety. Liberty Cap Mushrooms: (magic mushrooms). These contain hallucinogenic drug psilocybin; tablets made from this drug are classified. Not a widely used drug, just possession is an offence. Effects depend on the quantities eaten, but range from happiness to hallucinations. Class B Amphetamines: These drugs stimulate the activity of the central nervous system and raise energy levels but are followed by lethargy and depression. Can be psychologically addictive. They are widely used and not difficult to obtain. The stimulant is sniffed or injected in powder form or ingested as a pill. If it is made in the form of an injection it becomes a Class A drug. Barbiturates: Used as sleeping tablets, anaesthetics, anti-convulsants and for migraine relief. They depress the central nervous system but can vary extensively in effect, duration and toxicity. Far fewer are now prescribed, because of dependence problems. Abusers feel relieved of fears, tension and anxiety. Note: Phenobarbitone is widely used in the treatment of epilepsy and the National Society for Epilepsy recommend that people with epilepsy using this for treatment should carry a statement to that effect. However a person not carrying such documentation may be epileptic. Particular care therefore must be taken to ensure that no action is taken which might result in a person with epilepsy being deprived of their medication. Cannabis: Resin or herbal. The brown resin is usually smoked when mixed with tobacco in reefers or joints, or cooked in food. The flowering heads and leaf are also smoked. Effects include relaxation, a sense of well-being, heightened perceptions and paranoia. Cannabis is not physically addictive, but users can become psychologically dependent. OFFICIAL [SENSITIVE] Page 117  Police College INV15 INV13 Long-term smoking can contribute to respiratory diseases. Class C Diethylpropion, Phentermine and Mazindol, used as ingredients in appetite suppressants; Benzodiazepines (tranquillisers such as Diazepam, Valium, Librium, Mogadon). Anabolic and androgenic steroids and certain other drugs used by athletes to increase muscle bulk and strength and enhance physical performance. Prolonged use of these substances is thought to lead to heart disease and liver damage, paranoia and increased aggression. The body’s defences against physical stress and over- exertion are also suppressed by the drug, resulting in overheating or extreme fatigue, which may prove fatal. Although not thought to be physically addictive, some users become psychologically dependent on steroids, believing that their level of physical performance will drop without them. The Misuse of Drugs Act has an exemption from the possession only of steroids. It is an offence to possess with intent to supply or to import. A preparation or product, containing a controlled drug, is deemed to be a controlled drug for the purposes of this legislation. Drugs Legislation – Unlawful Supply It is an offence for a person: to supply or offer to supply a controlled drug to another, or to be concerned in the supplying of such a drug to another, or to be concerned in the making to another an offer to supply such a drug; Section 4(3) Misuse of Drugs Act 1971 OFFICIAL [SENSITIVE] Page 118  Police College INV15 INV13 As can be seen there are really 3 offences within Section 4(3). In order to establish any of these offences the elements highlighted have to be proven. Aggravation of Supplying If the transaction occurs in or near a school when being used by children or young people or within 1 hour of any such time OR The person causes or permits a child or young person under 18 years to deliver a controlled drug to a third party Points to Prove Before a person can be convicted of an offence under 4(3) (b) or (c) the prosecution must prove the following: The supply or offer to supply. The participation of the accused in the above. The accused had knowledge of the enterprise Meaning of Terms Supply ‘Supply’ in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other. Clearly there is a problem where a person who owns the drugs hands them over to another for that person to do as they wish. There is no requirement for proof of payment or reward. This is an offence. Offer to supply An offer may be by words or conduct, and it is clear that the offence is complete when an OFFICIAL [SENSITIVE] Page 119  Police College INV15 INV13 offer is made irrespective of whether or not the offer could or would be carried out. Controlled drug In all cases where there is a substance alleged to be a controlled drug a statement will be required from an forensic analyst to prove it is a controlled drug. The class of drug is important in court as the penalty imposed varies depending on the class. Another This is simple, there must be evidence that the supply or offer to supply was made to some other person. It is an offence for a person: to supply or offer to supply a controlled drug to another, or to be concerned in the supplying of such a drug to another, or to be concerned in the making to another an offer to supply such a drug; Section 4(3) Misuse of Drugs Act 1971 Examples Example 1 Greene gives out controlled drugs at his 18th birthday. This is a straight forward supply. Example 2 Hanna is asked to look after controlled drugs by a friend for a couple of hours and then return them, this he does. Hanna had control of the drugs and supplied his friend. Example 3 Jones offers to sell Patton a quantity of heroin, unknown to Jones it is in fact cocaine. The type of drug is irrelevant the offence is in the offer to supply. OFFICIAL [SENSITIVE] Page 120  Police College INV15 INV13 Example 4 Jones offers to sell Patton a quantity of cocaine. Unknown to Jones, it is in fact plain flour. The type of substance is irrelevant. The offence is in the offer to supply. Example 5 Jones texts Patton offering a quantity of cocaine. Unknown to Patton, Jones has no intention of carrying out the offer and in fact has no means of doing so. The intention of Jones is irrelevant. The offence is in the offer to supply. This offer can be in the form of words or writing. i.e. text, email or social media etc. Unlawful Possession Section 5 of the Act creates two offences: It is an offence for a person to have a controlled drug in his possession. Section 5(2) Misuse of Drugs Act 1971 It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another. Section 5(3) Misuse of Drugs Act 1971 Points to Prove Possession For the purposes of this Act the things which a person has in his possession shall be taken to include anything subject to his control which is in the custody of another. Section 37(3) Misuse of Drugs Act 1971 Stated Cases There are many stated cases on the interpretation of the word possession. Clearly if you find someone with controlled drugs physically on them or stashed nearby then they have possession. Proving that the person had possession of the substance could be OFFICIAL [SENSITIVE] Page 121  Police College INV15 INV13 established in many ways such as by admission and handing it to you; by your finding it in a search of clothing or possessions, or by questioning and observation. Evasive answers to questions, carrying tablets loose in a pocket or in a twist of paper will all help you to draw the inference that the person is not in lawful possession. Where a person possesses a container and he knows he possesses the container then it must be assumed that he possesses what is in the container. With joint possession you require evidence that the person(s) without physical possession was aware of the existence of the drug and could exercise the same control over it. ‘Mere knowledge of the presence of a drug in the hands of a confederate is not enough’. Court of Appeal (Searle) Intent to supply The Court of Appeal in Greenfield made it clear that ‘intent to supply’ means ‘an intent on the part of the possessor of the drugs to supply’. Prove possession, then intent by way of: Interview Quantity Witness Defence General defence In any proceedings for an offence under Section 5(2) where it is proved that a person had possession of a controlled drug it shall be a defence if they prove to the court: a. that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or OFFICIAL [SENSITIVE] Page 122  Police College INV15 INV13 b. that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person. Examples Section 5(4) Misuse of Drugs Act 1971 A father finds his son in possession of a controlled drug and takes it from him. He then immediately throws the drug into the fire. A school teacher comes into possession of some cannabis abandoned by a pupil in panic, during a spot check by staff. The teacher then contacts the neighbourhood police officer and hands over the drugs. General Defence Section 28 creates several defences that can be availed of by persons charged with offences under the Misuse of Drugs Act including Section 4(3) and Section 5(2) and 5(3). Section 28(2) The first defence is based upon a person’s lack of knowledge of a fact, which the prosecution must prove to secure a conviction. Example Smith and Weston are walking together in the street when a police constable approaches them. Smith is carrying a small packet of cannabis and, to avoid being found in possession of it, he slips the packet into Weston’s pocket without her knowledge. ‘Knowledge’, in this case, is a fact the prosecution has to prove for an offence of unlawful possession. OFFICIAL [SENSITIVE] Page 123  Police College INV15 INV13 Weston may avail of the defence if she can prove 3 things: She did not know about the drug. She had no suspicion she had the drug. She had no reason to suspect she had the drug. Section 28(3)(b)(i) The second defence is based upon a person’s possession of a controlled drug. In this instance, to secure a conviction the prosecution must prove that the substance or product in question was a particular controlled drug. Example Jordan receives from her employer a packet to deliver, he informs her it contains tobacco. The package is found to contain cannabis. In this case the prosecution have to prove the substance was a controlled drug. Jordan may avail of the defence if she can prove 3 things: She did not believe it was a controlled drug. She did not suspect it was a controlled drug. She had no reason to suspect it was a controlled drug. Section 28(3)(b)(ii) The final defence available under Section 28(3) is based on the belief of the defendant that he/she knew that it was a controlled drug they were lawfully allowed to possess. Example Henry, a registered drug addict, is prescribed Dexedrine but by mistake at the pharmacist he is given Durophet. He is stopped by police and charged with unlawful possession of a controlled drug. OFFICIAL [SENSITIVE] Page 124  Police College INV15 INV13 Henry may avail of the defence if he can prove 2 things: He believed he had a particular controlled drug. He can lawfully possess that particular drug. Section 28(3)(a) To stop defendants availing of a defence under Section 28(b) by proving they believed it was a different type of controlled drug Section 28(3)(a) was included. Example Jordan purchases a packet of what she believes to be cocaine on being stopped by police it transpires that the substance was actually heroin. In this example Jordan cannot avail of a defence even if she convinces the court that she had no idea it was heroin. She knew it was some sort of controlled drug. Lawful Possession The following people, when carrying out the duties as detailed below, are not deemed to have unlawful possession of controlled drugs: Post office employee or other legal carrier in the course of his employment. A constable or HM Customs and Excise in the course of their duty as such. A person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of their duty as such a person. A person engaged in conveying the drug to a person who is legally entitled to have it in their possession. Any person licensed by the Secretary of State for the research. A person who has drugs legally on prescription. Doctor, dentist, vet or pharmacist acting in that capacity and under regulations imposed by the Secretary of State. OFFICIAL [SENSITIVE] Page 125  Police College INV15 INV13 Power of Search and Seizure Powers of Search If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the Act the constable may: Search, and detain that person for that purpose. Search any vehicle/vessel in which the constable suspects that drugs may be found (this includes the power to stop). Seize and detain for the purpose of proceedings under this Act anything found which appears to be evidence of an offence under the Act. Section 23 Misuse of Drugs Act 1971 The power can be used anywhere where the constable is lawfully. Reasonable grounds to suspect You must be prepared to give evidence justifying your reasonable suspicion. The appearance of a person is not sufficient evidence. There must be something about their actions, their conversation and the circumstances that afford grounds for suspicion. All powers under this section come from the personal grounds to suspect a person has possession of a controlled drug. If you do not have those ‘personal reasonable grounds’ then the search could be deemed illegal and all evidence lost. Search You must comply with the Code of Practice regarding searching people for drugs, remembering that only an overcoat, jacket gloves or headgear can be removed in public and that all other searches must be in private. You must also complete all required details on the Samsung device. There is no mention of use of force within the Act for the purpose of carrying out a search, however, all searches include a reasonable amount of force in the exercise of that power. If you attempt the search and find that the amount of force required is more than what a OFFICIAL [SENSITIVE] Page 126  Police College INV15 INV13 court would deem reasonable then you should consider arrest i.e. for obstruction. Remember also that from the first moment that you are seen approaching, a suspect who is carrying drugs they will be looking for an opportunity to get rid of them. It is not an easy matter to prevent this from happening. However, such an attempt to get rid of the substance, if observed, is good evidence. Remember that drugs too may be small in quantity but high in value. Drug users and suppliers are aware of the limitations of your powers and will conceal drugs in inner clothing, underwear or body orifices. A strip search or intimate searches must be authorised. If such a search is to be authorised, and such authorisation is only granted in exceptional circumstances, you must take direction from the custody officer. Obviously if you are presenting a case to the custody officer, the suspect will be lawfully under arrest for suspicion of possession or possession with intent or some other offence justifying your presence and request to search further. Seize and Retain The power to seize anything that you believe to be evidence of an offence, under the Act, includes not only the actual substance but also anything you suspect contains a controlled drug. It can also apply to hypodermic syringes, spoons used to heat the water to dissolve certain drugs and so on. Personal Safety There is a risk of contracting serious diseases such as HIV or hepatitis by contact with the blood or saliva of an infected person. The saliva or blood will have to enter your body by eyes or mouth or into your blood stream through a cut or abrasion. There is little risk, however, if you wash well after any possible contact. Drug users who inject are possible sources of infection. Be particularly careful not to prick yourself with an unguarded needle when searching. Ask the suspect if they have anything about their person which might injure either them or you in the course of a search. Pat the outside of pockets first to detect the presence of a syringe. If you do puncture your OFFICIAL [SENSITIVE] Page 127  Police College INV15 INV13 skin, or blood or saliva has entered your eyes, mouth or through an abrasion, inform your supervisor at once and seek medical attention. Obstruction A person commits an offence if he intentionally obstructs a person in the exercise of their powers under Section 23. Section 23(4) Misuse of Drugs Act 1971 Points to Prove The person must know that the constable is detaining or wishes to detain them, in order to search them for drugs. (Grounds and Object of search will cover this area). The obstruction must be effective and sufficient to show intention. R v Forde 1985 Obstruction under the Police Act 1998 is also applicable; however this does not require the need to prove intention and carries its own power of arrest. Completion on NICHE When dealing with a seizure of drugs, as the investigating officer it is your responsibility to ensure all details are completed where appropriate. Some districts still use form DR4 to record seizures but it is mostly completed by the property manager on Niche. OFFICIAL [SENSITIVE] Page 128