Points to prove
- 1. The defendant was the occupier of, or was concerned in the management of, premises
- 2. An activity took place on those premises, namely the production or attempted production of a controlled drug
- 3. That production was in contravention of section 4(1) of the Misuse of Drugs Act 1971 (i.e. not authorised by regulations under s 7 or a licence)
- 4. The drug was a controlled drug of Class C
- 5. The defendant knowingly permitted or suffered that activity to take place on the premises (knowledge of the activity is required)
Mode of trial & maximum penalty
Either way — Summary: 3 months' imprisonment and/or a £2,500 fine; Indictment: 14 years' imprisonment and/or a fine
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/section/8
- www.legislation.gov.uk/ukpga/1971/38/section/4
- www.legislation.gov.uk/ukpga/1971/38/section/28
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