Misuse of Drugs and Drug Trafficking Offences, 6th Edition

Name: Misuse of Drugs and Drug Trafficking Offences, 6th Edition
Brand: Sweet & Maxwell U.K.
SKU: 9780414045170
Price: 1990.44 HKD
Availability: OutOfStock
Author: Rudi Fortson, QC
ISBN: 9780414045170

By Rudi Fortson, QC

Sweet & Maxwell U.K. January 2012

Specifications

ISBN-13: 9780414045170
Publisher: Sweet & Maxwell U.K.
Publication: January 2012
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

An invaluable and detailed guide to all aspects of the criminal law relating to drugs, including their manufacture, possession and use, importing, exporting, rules of evidence and police powers, as well as rules pertaining to offences of money laundering, sentencing and confiscation.

Offers a balance of UK drugs law in their international context
Explains complex concepts of drug laws clearly
Provides practical guidance as well as legal theory
Includes information on various substances, including ‘Legal Highs’
Covers the impact of the Medicines Act 1968
Provides helpful flow charts, diagrams showing mechanics of confiscation, summary of controls under existing drug legislation and tables highlighting invaluable statistical material
Written by one of the most prominent legal practitioners in this area

This new edition will encompass the following:

All chapters have been substantially revised and brought up to date
Includes recent legislative developments and case law (including relevant decisions in Scotland and elsewhere)
Addresses current law (and prospective law) in relation to ‘Legal Highs’ which are increasingly being brought under legislative control
Impact of the Medicines Act 1968 as a means of regulating under the criminal law the distribution and use of substances on human beings
Discusses changes of policy and strategy in relation to drugs that are applied other than for medicinal or scientific purposes
Discussion on the latest UK, UN and EU strategies for drug control
Reflects significant developments in rules relating to confiscation
Revisions to the powers of police and law enforcement agencies
Sentencing powers and sentencing decisions will be brought up to date including the latest Sentencing Council proposals for sentencing drug offences

Chapter 1 - Introduction

A Historical Sketch of drug misuse
Drug Control and Drug Classification

Chapter 2 - The importation and exportation of controlled drugs

The importation and exportation of controlled drugs
The statutory provisions
Improper Importation Section 50 CEMA 1979
Unlawful Exportation section 68
Fraudulent Evasions: Section 170

Chapter 3 - Possession of Drugs

Introduction
Making Possession Unlawful
Lawful Possession
Unlawful Possession
The General Principles of Possession
Statutory Defences under Section 5(4)

Chapter 4 - Possession with intent to supply

Section 5 (3)): Possession with the Intent to Supply
Proving the Offence

Chapter 5 - Supplying controlled drugs

The Statutory Provisions
The Offences
Regulating drugs that may lawfully be supplied
Persons who may lawfully supply any controlled drug
General Authority to supply schedule 2, 3, 4 & 5 Drugs
Specific persons who may supply schedule 2 or 5 Drugs
Persons who may supply schedule 3 Drugs
Persons who may supply schedule 4 Drugs
Persons who may supply schedule 5 Drugs
Written authority to supply
Issuing a prescription not a “supply”
The unlawful supply of controlled drugs
Making an offer to supply
Being concerned in the supply of drugs
Aggravated supply
Intoxicating substances

Chapter 6 - The manufacture and production of controlled drugs

Substances useful for manufacture of controlled drugs
The production of controlled drugs
The cultivation of Cannabis
Magic Mushrooms

Chapter 7 - Drugs activities on premises

Premises
Who is responsible
Persons in unlawful possession of premises
Persons concerned in the management of premises
Prohibiting opium smoking
Drug kits and articles for use in drug misuse

Chapter 8 - Section 28 of the Misuse of Drugs Act 1971

Section 28
Section 28(2)
Does section 28(2) alter the definition of possession?
What is to be proved by the accused?
Section 28(3)(b)(ii)

Chapter 9 - Offences contrary to a corresponding law

General Note
What is capable of amounting to assistance
Assisting in the United Kingdom
Offence punishable under a corresponding law
Importation performed by an innocent third party
Mens Rea for an offence under section 20

Chapter 10 - Inchoate liability

Introduction
Proving the conspiracy
Conspiracies formed abroad
Conspiracy to do the physically impossible
Attempting to commit a drug offence
Indictment to commit a misuse of drugs act offence

Chapter 11 - Evidence

Proof that the drug is controlled
Letters documents and books
Proving premises are used for supplying
Expert evidence
Interviews
Telephone tapping
View of the scene on the crime

Chapter 12 - Powers of police and customs officers

Powers of the citizen
Powers of the police
Powers of the Customs and Excise
Obstruction of officers

Chapter 13 – The making of confiscation orders

The Making of Confiscation Orders
Restraint Orders
Criminal Memoirs
Cash Forfeiture
Money Laundering

Chapter 14 - Powers of Forfeiture

Statutory powers

Chapter 15 - Sentencing

Maximum sentences for offences under the MDA 1971
Maximum sentences for offences under the CEMA 1979
Sentencing guidelines
General Principles of sentencing
Factors that might affect the sentence
Recent sentencing strategies

Chapter 16 - A general guide to drug misuse

Types of drug
The Consumption factors
The tools of the trade and other hallmarks
The statutory bodies

Chapter 17 – Legal highs and the Medicine Act 1968

Appendices
Appendix A Schedule 2 to the Misuse of drugs Act 1971
Appendix B Sentencing Schedule
Appendix C Schedule 4 to the misuse of drugs act

About the Author

Rudi Fortson Q.C., brings a wealth of knowledge and experience to this area of the law. He is a practising barrister at 25 Bedford Row, London, and Visiting Professor of Law, Queen Mary University, London. He is a member of the Criminal Bar Association, as well as a member of the Forensic Science Society and the British Academy of Forensic Science, and a Patron to the Independent Scientific Committee on Drugs.

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