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Drug Offences in Ireland 2nd Edition

By Garnet Orange
Bloomsbury Professional (formerly Tottel Publishing) January 2021

Specifications

ISBN-13
9781526518392
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
January 2021
Format
Paperback
Jurisdiction
Ireland ? Countri(es) for reference only

Details

This concise, practical text, written by one of Ireland's leading criminal barristers, deals with all the key areas of drugs law including sentencing, possession, importation, stop and search, search warrants, entrapment, evidence and defences.

New to the second edition:

  • The chapter on possession has been largely rewritten to take account of changes in the case law since 2010.
  • The book has been updated to reflect the changes to the law brought about by the Customs Act 2015 and the Communications Regulation (Postal Services) Act 2011
  • The chapter on cultivation has been expanded since the first edition. This area of law has become much more significant since 2010. There have been a lot more cases of the grow house category being processed by the courts, although the law itself has not changed significantly. These cases tend to be relevant in the context of sentencing
  • The second edition contains the following new chapter: Powers for Investigating Drugs Offences
  • The section dealing with adverse inference questioning has been thoroughly rewritten and contextualised it to focus on drugs offences. There have been a number of important decisions from the Irish courts relating to these provisions within the past 10 years (and the author appeared in some of those cases)
  • The entrapment procedures material has been revised to take account of a number of significant decisions in recent years
  • Ch. 18 on Defences has been revised in light of the Smyth decision in 2010, which related to the burden on the accused, and
  • Sentencing is one of the most important aspects of drugs law and this material has been brought up to date. Of particular significance is the addition of a section on grow houses and cultivation

New legislation and cases that are dealt with in this edition:

  • Misuse of Drugs Regulations 2017
  • Customs Act 2015
  • Communications Regulation (Postal Services) Act 2011
  • DPP v Smyth [2010] 3 IR 368
  • DPP v JC [2015] IESC 31

Table of Contents

1. The Misuse of Drugs legislation
2. Possession of drugs
3. Possession with intent to sell or supply
4. Importation offences
5. Cultivation
6. Permissive offences
7. Places of detention
8. Articles used for drug trafficking offences
9. Contravention of the Regulations
10. Participation in drugs offences
11. Powers for investigating drugs offences
12. Stop and search
13. Search warrants
14. Arrest, detention and questioning of suspects
15. Entrapment procedures
16. Admissibility of evidence
17. Controlled drugs: analysis, proof and valuation
18. Defences
19. Sentencing in drugs cases
20. Forfeiture, confiscation and destruction
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