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 supplying or attempting to supply a controlled drug to another, or offering to supply a controlled drug to another, in contravention of s 4(1) MDA 1971
- 3. The drug was a substance or product specified as a drug subject to temporary control by a temporary class drug order under s 2A MDA 1971 in force at the material time
- 4. 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 — Procedural/ancillary reference entry — no separate substantive sentence stated in the extracted source text.
Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.
Sources
- www.legislation.gov.uk/ukpga/1971/38/section/8
- www.legislation.gov.uk/ukpga/1971/38/section/2A
- www.legislation.gov.uk/ukpga/1971/38/section/25
- www.legislation.gov.uk/ukpga/1971/38/section/28
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