Points to prove
- 1. The defendant supplied a substance to another person
- 2. The substance was a scheduled substance, i.e. a substance for the time being specified in Schedule 2 to the Criminal Justice (International Co-operation) Act 1990 (s 12(4))
- 3. At the time of the supply, the defendant knew or suspected that the substance was to be used in or for the unlawful production of a controlled drug — production unlawful by virtue of s 4(1)(a) of the Misuse of Drugs Act 1971 (s 12(1), (3))
Defences
- Statutory exclusion — s 12(1A) CJ(IC)A 1990: no offence is committed if the person supplies the scheduled substance with the express consent of a constable.
Mode of trial & maximum penalty
Either way — Summary: 6/12 months' imprisonment and/or a 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
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