Points to prove
- 1. The defendant produced a controlled drug, i.e. produced it by manufacture, cultivation or any other method (s 37(1) MDA 1971)
- 2. The drug produced was an anabolic steroid, a controlled drug of Class C
- 3. The production was in contravention of s 4(1) MDA 1971, i.e. not authorised by regulations under s 7 (e.g. a Home Office licence)
Defences
- Statutory defence — s 28(2)/(3) MDA 1971 (applies to s 4(2) offences): the defendant proves he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it must prove (e.g. that the substance was a controlled drug)
- Production authorised by regulations under s 7 MDA 1971 (e.g. Home Office licence) is not in contravention of s 4(1), so no offence is committed
Mode of trial & maximum penalty
Either way — Summary: 3 months' imprisonment and/or a £2,500 fine; Indictment: 14 years' imprisonment
Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.
Sources
- www.legislation.gov.uk/ukpga/1971/38/schedule/4
- www.legislation.gov.uk/ukpga/1971/38/schedule/2
- www.legislation.gov.uk/ukpga/1971/38/section/4
- www.legislation.gov.uk/ukpga/1971/38/section/28
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