Customs and Excise Management Act 1979 (UK)

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Customs and Excise Management Act 1979 (UK)

Customs and Excise Management Act 1979 (UK)

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One co-tenant of rented premises knowingly permitting the other co-tenant to smoke cannabis there (see s.8 of the Act, Archbold 27-84). Where the evidence that a substance is a controlled drug is served in the form of a streamlined forensic report (SFR) or analyst's summary, prosecutors should seek to agree the content of that report or summary by way of formal admission at an early stage in the proceedings. The suspect must knowingly permit (wilful blindness may be sufficient, but not mere suspicion), or suffer the taking place on those premises, of either the: CEMA is a wide ranging act containing most of our powers to search and question and we have not listed every section here that could conceivably be used.

Obstructing (or concealing or failing to produce evidence to) a constable or other authorised person - s.23 of the Act.This offence is subject to statutory minimum sentencing provisions. Supplying, or offering to supply, a psychoactive substance / Possession of psychoactive substance with intent to supply (effective from 1 April 2021) the administration by any person of a controlled drug to himself in circumstances where having the controlled drug in his possession is not unlawful under section 5(1) of the Act. The intentional obstruction of a police constable or (other authorised person) or the concealment of items is an offence contrary to section 23(4) of the Act. Police Officers and Prosecutors must avoid more than one class of drug in a single charge. Such a charge would be bad for duplicity ( R v Courtie (1984) 1 All ER 740) and refer to Drafting the Indictment, elsewhere in the Legal Guidance. Charging cannabis or cannabis resin in the same count is not bad for duplicity ( R v Best and Others (1979) 70 Cr. App. R 21). Relevant bad character - including previous non court disposals and informal warnings, if recorded and in an admissible format.

Articles or substances that may be caught by the offence include new psychoactive substances not already controlled under the Misuse of Drugs Act 1971 and other non-controlled drugs frequently abused by prisoners. (See guidance about Psychoactive Substances). Entry of premises (onto a register ) is a notification that the trader has to make prior to commencing production, and this should not be confused with either the power to enter (go into) premises or with Import Entry (a declaration of the imported goods and the basis of their value). This offence is subject to statutory minimum sentencing provisions. Importation or Exportation of Drugs Supplying Controlled Drugs (effective 1 April 2021) In deciding whether it is in the public interest to prosecute an adult offender for an offence of simple possession of a small amount of cannabis for personal use, including where the person believes in its assistance in alleviating medical conditions, prosecutors should consider the aggravating and mitigating factors for the possession of a small amount of cannabis for personal use (below).

Changes over time for: Section 78

Supplying or offering to supply a controlled drug / Possession of a controlled drug with intent to supply it to another (effective 1 April 2021) An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence. As with a simple possession charge, a person found in possession of one form of drug but believing it to be another form of drug and intending to supply it to another should be charged with possession with intent of the actual drug. Failure to comply with an injunction to prevent gang-related violence and drug-dealing activity is not a criminal offence. It is dealt with by way of civil contempt of court by the applicant authority. If the respondent's behaviour when failing to comply constitutes a criminal offence, it should be dealt with as such and the applicant should work with the CPS and police (if a local authority) to pursue criminal proceedings. Possession of psychoactive substance with intent to supply, Psychoactive Substances Act 2016 (section 7(1))

goods imported into Great Britain (England, Scotland and Wales) from outside the UK, or into Northern Ireland from outside both the UK and the EU, were within your statutory allowance Production includes cultivation and, whilst there is a separate offence of cultivation of cannabis under s.6 of the Act, a charge under s.4(1)(a) of the Act of producing cannabis will usually be more appropriate for the reasons set out under ( Public Interest Considerations ), see below. The provisions relating to TCDO can be found in section 2A of the Act (following amendments inserted by section 151 and Schedule 17 of the Police Reform and Social Responsibility Act 2011 (PRSRA).The scenarios in which cannabis is grown vary widely and prosecutors should be aware of this when deciding which charge is more appropriate. At one end of the spectrum, organised criminals develop highly sophisticated operations for the production of cannabis in large quantities. At the other end cannabis may be grown on a relatively small scale, without there being any evidence of onward supply, and it will possibly have been grown because of a belief in its assistance in alleviating medical conditions. to supply or offer to supply articles (other than a hypodermic syringe, or any part of one) for the purpose of administering a controlled drug, where the administration of the drug will be unlawful; and Establishing a proper chain of continuity of evidence is essential. You must look for evidence connecting the drug or other exhibit found to its eventual destination; for example, in the case of a drug found by the police the chain might be: The Psychoactive Substances Act 2016 defines 'psychoactive substance' and makes it an offence to produce, supply, offer to supply, possess with intent to supply, import and export psychoactive substances, and to possess a psychoactive substance in a custodial institution. The Psychoactive Substances Act 2016 came into force on 26th May 2016. Fentanyl Introduction

To be ‘knowingly concerned’ under section 170(2) it is not necessary for the accused to have taken steps to bring about the importation of the offending item. Instead, the offence covers circumstances where a person is prepared to assist in a fraudulent evasion if certain circumstances arise: AG’s Ref (No. 1 of 1998) 163 JP 390; R v Neal (1983) 77 Cr App R 283. The prosecution must prove that the accused knew that the goods (whatever they were) were prohibited from importation. It is not enough for the prosecution to show merely that the accused was being kept informed of what others were doing: there must be evidence that the accused played, or held themselves available to play, some role in furtherance of the smuggling venture. It will often not be necessary possible for there to be additional counts of supply/possession with intent to supply, even where the production of the drug has moved on to the next stage of being prepared for onward distribution. The charge(s) should accurately reflect the extent of the accused's alleged involvement and responsibility thereby allowing the courts the discretion to sentence appropriately;A possession offence should be charged when the occupier of premises is a party to consumption consistent with personal use, for example:



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