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In
school, there will be occasions where the implications of the law
relating to drug misuse will be relevant. This section aims to resolve
every-day situations and questions that may arise.
Legislation: The relevant Acts are:
- The Medicines Act (1968 and 1971)
- The Poisons Act 1972
- Drug Trafficking Offences Act 1986
- Misuse of Drugs Act 1971
- Cigarette Lighter Refill Safety Regulations 1999
- Solvent Abuse Scotland Act 1983
The Drug Trafficking Offences Act and the Misuse of Drugs Act are
the main pieces of legislation covering what may be termed illegal
drugs.
They also cover drugs which may be used legally, but are commonly
abused.
The legislation classifies drugs by balancing their therapeutic
use against their role of abuse and addiction, and then specifies
offences common to the different classes of drugs.
In
reality penalties vary. It should be noted that these are the maximum
penalties which would be applied in adult court.
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The
Children's Hearing System will deal with each case individually
and make appropriate decisions with regard to the age of an individual,
their involvement and the severity of a particular offence. The
actual offences are listed below in more detail.
Unlawful Possession
It is unlawful to possess a controlled drug. This includes anything
subject to a person's control which may be in the custody of another.
Possession with Intent to Supply
It is a more serious offence to unlawfully possess a controlled
drug with the intent to supply it to another.
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The chart indicates the main offences and maximum penalties
on indictment:
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Class
A
Drugs, LSD,
Cocaine, Heroin |
Class
B
Drugs,
Cannabis, Amphetamines, Barbiturates |
Class
C Drugs,
Benzodiazepines |
| Possession |
7
years imprisonment
or unlimited fine or both |
5
years imprisonment
or unlimited fine or both |
2
years imprisonment
or fine or both |
Possession
with
intent to supply |
life
imprisonment
and unlimited fine |
14
years imprisonment
and unlimited fine |
5
years imprisonment |
Supply/
Production |
life
imprisonment
and unlimited fine |
14
years imprisonment
and unlimited fine |
5
years imprisonment
or unlimited fine |
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Unlawful Production
It is an offence to unlawfully produce or be concerned in the production
of the manufacture, cultivation or any other method of any controlled
drug.
Unlawful Supply
It is an offence to: - unlawfully supply a controlled drug to
another person, whether or not money changes hands
- be concerned in the supply of a controlled drug
offer to supply a controlled drug
- be concerned in the making of an offer to supply a controlled drug
(supply includes distribution)
Offer to Supply
Once the offer is made, the offence is complete. It is not necessary
to prove that the substance is a controlled drug or that the person
had the controlled drug in his possession at that time.
Being Concerned in the Supply
Concerned is taken in its widest sense - being involved in any way,
for example, look-out, driver.
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Controlled Drugs on Premises
It is an offence for the occupier or any person concerned in the management of any premises to knowingly permit or suffer:
- production or attempted production of a controlled drug
- unlawful supply or attempt to supply or offer to supply a controlled
drug
- preparation of opium for smoking
- the smoking of cannabis, cannabis resin or prepared opium
Age of Criminal Responsibility
Under the age of 8: children under 8 are generally deemed not to be
responsible for any criminal act, although specific circumstances
may refute this presumption.
Age 8-16: children of this age are responsible and there is a presumption
that they know what they are doing is wrong (eg they know that stealing
is wrong). Although there may be other factors to consider, those
cases would probably be sent to the Children's Hearing system.
Age 16 and over: Young persons of this age are considered to be responsible
for their actions and any prosecution will generally take place in
the normal criminal court.
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Substances
other than Controlled Drugs
The chart below gives details of what does and does not constitute
an offence:
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Possession |
Supply |
Knowledge
of Use |
Knowledge
of Supply |
| Tobacco |
No |
Yes,
if sold to
under-16s |
No |
No |
| Alcohol |
No |
Yes,
if sold to
under-18s
unless with a meal |
No |
No |
| Solvents |
No |
Yes,
if supplied
for abuse |
No |
No |
| Prescribed
Drugs Tranquillisers |
No |
Yes,
if Class C |
No |
No |
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