Transcript Legal issues affecting those working with drug users

LEGAL ISSUES AFFECTING THOSE
WORKING WITH DRUG USERS
Niamh Eastwood
Head of Legal Services
Release
19 January 2010
MAIN CONSIDERATIONS

Section 8 Misuse of Drugs 1971

Part One of the Anti Social Behaviour Act 2003

Storage of Drugs on Premises

Distribution of Paraphernalia
SECTION 8 MISUSE OF DRUGS ACT 1971

A person commits an offence if, being the
occupier or concerned in the management of any
premises, he knowingly permits or suffers any of
the following activities to take place on those
premises:




The production (or attempted) of any CD
The supply (or attempted) of any CD
The preparing of opium for smoking
The smoking of cannabis or prepared opium.
CASE LAW

R v. Brock and Wyner [2000] EWCA Crim 85 –
‘The Cambridge Two’
ASBA 2003 – CLOSURE OF PREMISES
Anti Social Behaviour Act 2003, Part One:
Class A drug use, production or supply
AND
 Serious nuisance or disorder

CLOSURE NOTICE – PROCEDURE
Issue Notice to all parties concerned
 Within 48 hours MUST have court hearing
 Court hearing can only be adjourned in
exceptional cases and if adjourned must be heard
within 14 days
 Arrestable offence for anyone, except occupier, to
enter property after notice issued

CLOSURE ORDER – IMPACT
If a Closure Order is made, premises will be
sealed for 3-6 months.
 No-one may enter during this period, regardless
of any legal interest.

CASE LAW


Smith, R (on the application of) v Snaresbrook Crown Court
[2008] EWHC 1282 - Extension of CO from 3 to 6 months
R (Errington) v. Metropolitan Police Authority [2006] EWHC 1155
– appeal hearings should not be delayed.
PRACTICAL ADVICE

Protecting employees from criminal liability (s8)

Protecting premises from closure order

Balanced against clients legal rights

Protecting clients from closure orders
Legal representation
 Impact of homelessness

STORAGE OF DRUGS ON PREMISES

Illegal to handle controlled drugs without proper
legal authority:

Misuse of Drugs (Safe Custody) Regulations 1973

Misuse of Drugs Regulations 2001
Neither SI provides that drug workers or those
working with the homeless have the legal authority
to handle CDs.
STORAGE OF DRUGS - PRACTICAL ADVICE


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Central locker – supervised by staff but accessed
by clients;
Lockers in own rooms;
If drugs discovered – prescribed CDs should be
returned to owner ASAP (record and remind) &
CDs not prescribed destroyed or handed to police.
PARAPHERNALIA – AN OVERVIEW


Section 9(a) (1) MDA 1971 – prohibits the supply
of any article which could be used in the
administration of a CD by any person – it is
irrelevant whether it is actually used only
whether supplier believed it was to be used in
this manner.
Section 9(a)(3) - also prohibits supply of
paraphernalia for the preparation of a CD for
administration.
EXCEPTIONS – S9(A)(2) & S9A
Needles & syringes – s9(a)(2)
 Citric Acid
 Swabs
 Water ampoules
 Utensils for preparation of a CD
 Ascorbic acid

Not included: tourniquets; safer inhalation pipes;
foil.
QUESTIONS?
Drugs, the Law and Human
Rights
0845 450 0215
Niamh Eastwood
Head of Legal Services
[email protected]
19 January 2010