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Misuse of Drugs and Drug Trafficking Offences

Misuse of Drugs and Drug Trafficking Offences
6th Edition
Practice Area:  Criminal Law
ISBN:  9780414045170
Published by:  Sweet & Maxwell
Publication Date:  10 Jan 2012
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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An invaluable and detailed guide to all aspects of the criminal law relating to drugs, including their manufacture, possession and use, importing, exporting, rules of evidence and police powers, as well as rules pertaining to offences of money laundering, sentencing and confiscation.

  • Offers a balance of UK drugs law in their international context
  • Explains complex concepts of drug laws clearly
  • Provides practical guidance as well as legal theory
  • Includes information on various substances, including ‘Legal Highs’
  • Covers the impact of the Medicines Act 1968
  • Provides helpful flow charts, diagrams showing mechanics of  confiscation, summary of controls under existing drug legislation and tables highlighting invaluable statistical material
  • Written by one of the most prominent legal practitioners in this area

This new edition will encompass the following:

  • All chapters have been substantially revised and brought up to date
  • Includes recent legislative developments and case law (including relevant decisions in Scotland and elsewhere)
  • Addresses current law (and prospective law) in relation to ‘Legal Highs’ which are increasingly being brought under legislative control
  • Impact of the Medicines Act 1968 as a means of regulating under the criminal law the distribution and use of substances on human beings
  • Discusses changes of policy and strategy in relation to drugs that are applied other than for medicinal or scientific purposes
  • Discussion on the latest UK, UN and EU strategies for drug control
  • Reflects significant developments in rules relating to confiscation
  • Revisions to the powers of police and law enforcement agencies
  • Sentencing powers and sentencing decisions will be brought up to date including the latest Sentencing Council proposals for sentencing drug offences


Chapter 1 - Introduction

  • A Historical Sketch of drug misuse
  • Drug Control and Drug Classification

Chapter 2 - The importation and exportation of controlled drugs

  • The importation and exportation of controlled drugs
  • The statutory provisions
  • Improper Importation Section 50 CEMA 1979
  • Unlawful Exportation section 68
  • Fraudulent Evasions: Section 170

Chapter 3 - Possession of Drugs

  • Introduction
  • Making Possession Unlawful
  • Lawful Possession
  • Unlawful Possession
  • The General Principles of Possession
  • Statutory Defences under Section 5(4)

Chapter 4 - Possession with intent to supply

  • Section 5 (3)): Possession with the Intent to Supply
  • Proving the Offence

Chapter 5 - Supplying controlled drugs

  • The Statutory Provisions
  • The Offences
  • Regulating drugs that may lawfully be supplied
  • Persons who may lawfully supply any controlled drug
  • General Authority to supply schedule 2, 3, 4 & 5 Drugs
  • Specific persons who may supply schedule 2 or 5 Drugs
  • Persons who may supply schedule 3 Drugs
  • Persons who may supply schedule 4 Drugs
  • Persons who may supply schedule 5 Drugs
  • Written authority to supply
  • Issuing a prescription not a “supply”
  • The unlawful supply of controlled drugs
  • Making an offer to supply
  • Being concerned in the supply of drugs
  • Aggravated supply
  • Intoxicating substances

Chapter 6 - The manufacture and production of controlled drugs

  • Substances useful for manufacture of controlled drugs
  • The production of controlled drugs
  • The cultivation of Cannabis
  • Magic Mushrooms

Chapter 7 - Drugs activities on premises

  • Premises
  • Who is responsible
  • Persons in unlawful possession of premises
  • Persons concerned in the management of premises
  • Prohibiting opium smoking
  • Drug kits and articles for use in drug misuse

Chapter 8 - Section 28 of the Misuse of Drugs Act 1971

  • Section 28
  • Section 28(2)
  • Does section 28(2) alter the definition of possession?
  • What is to be proved by the accused?
  • Section 28(3)(b)(ii)

Chapter 9 - Offences contrary to a corresponding law

  • General Note
  • What is capable of amounting to assistance
  • Assisting in the United Kingdom
  • Offence punishable under a corresponding law
  • Importation performed by an innocent third party
  • Mens Rea for an offence under section 20

Chapter 10 - Inchoate liability

  • Introduction
  • Proving the conspiracy
  • Conspiracies formed abroad
  • Conspiracy to do the physically impossible
  • Attempting to commit a drug offence
  • Indictment to commit a misuse of drugs act offence

Chapter 11 - Evidence

  • Proof that the drug is controlled
  • Letters documents and books
  • Proving premises are used for supplying
  • Expert evidence
  • Interviews
  • Telephone tapping
  • View of the scene on the crime

Chapter 12 - Powers of police and customs officers

  • Powers of the citizen
  • Powers of the police
  • Powers of the Customs and Excise
  • Obstruction of officers

Chapter 13 – The making of confiscation orders

  • The Making of Confiscation Orders
  • Restraint Orders
  • Criminal Memoirs
  • Cash Forfeiture
  • Money Laundering

Chapter 14 - Powers of Forfeiture

  • Statutory powers

Chapter 15 - Sentencing

  • Maximum sentences for offences under the MDA 1971
  • Maximum sentences for offences under the CEMA 1979
  • Sentencing guidelines
  • General Principles of sentencing
  • Factors that might affect the sentence
  • Recent sentencing strategies

Chapter 16 - A general guide to drug misuse

  • Types of drug
  • The Consumption factors
  • The tools of the trade and other hallmarks
  • The statutory bodies

Chapter 17 – Legal highs and the Medicine Act 1968

  • Appendices
    Appendix A Schedule 2 to the Misuse of drugs Act 1971
    Appendix B Sentencing Schedule
    Appendix C Schedule 4 to the misuse of drugs act


Rudi Fortson Q.C., brings a wealth of knowledge and experience to this area of the law. He is a practising barrister at 25 Bedford Row, London, and Visiting Professor of Law, Queen Mary University, London. He is a member of the Criminal Bar Association, as well as a member of the Forensic Science Society and the British Academy of Forensic Science, and a Patron to the Independent Scientific Committee on Drugs. 



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