Drugs, Explosives and the Law

• Deals with ‘controlled drugs’ only • Drugs classified as Class A, B or C • Listed in schedule 2 to MDA 1971 o Schedule that lists all drugs o If drug is not on the schedule, then it’s not controlled and is therefore not an offence • List changes- dates may be critical • Impact on sentencing- sentences for class A are most severe

* Class A o Crack cocaine o Cocaine o Ecstasy (MDMA) o heroin o LSD magic mushrooms o Methadone o Methamphetamine (crystal myth) o Etc. * Class B ** o Amphetamines o Barbiturates o Cannabis o Codeine o Ketamine o Methylphenidate (Ritalin) o Synthetic cannabinoids o Synthetic cathinone’s (for example mephedrone, methoxetamine) ** * Class C o Anabolic steroids o Benzodiazepines (diazepam) o Gamma hydroxybutyrate (GHB) o Gamma-butyrolactone (GBL o BZP o Khat

**o Production **  Making money from drugs (generally do not take) **o Trafficking ** **o Supply/offering to/ being concerned in ** o Possession  For own use o Possession with intent to supply

Important (and exportation) of a controlled drug- s.170 customs and excise management act 1979

PSA 2016- any substance which can produce a psychoactive effect in a person who consumes it

**o Class A ** Maximum: 7 years custody Offence range: fine- 51 weeks custody **o Class B ** Maximum: 5 years custody Offence range: discharge- 26 weeks custody **o Class C ** Maximum: 2 years custody Offence range: Discharge- highest level community order

**o Class A ** Maximum: life imprisonment Offence range: high level community order- 16 years custody **o Class B ** Maximum: 14 years custody and/or unlimited fine offence range: Band B fine- 10 years custody **o Class C ** Maximum: 14 years custody and/or unlimited fine Offence range: band A- 8 years custody

o Class A Maximum: life imprisonment Offence range: Highest level community order- 16 years custody **o Class B ** Maximum: 14 years custody and/or unlimited fine Offence range: Band B fine- 10 years custody o Class C Maximum: 14 years custody and/ or unlimited fine Offence range: Discharge - 8 years custody **o Cultivation of cannabis plant ** Maximum: 14 years custody Offence range: band A fine- 8 years custody

**o Class A ** Maximum: life imprisonment Offence range: Band A fine- 16 years custody **o Class B ** Maximum: 14 years custody and/or unlimited fine Offence range: Discharge- 10 years custody **o Class C ** Maximum: 14 years custody and/ or unlimited fine Offence range: Discharge- 8 years custody

*** Money laundering ** o Common ways: gambling, pop up shops, nail bars etc. *** People trafficking ** o Cannabis farms ** * Proceeds of crime act- when sentenced you fine the criminal with what predicted proceeds are else, they spend more crime ** o Evidence of value of drugs significant o Evidence of weight/ purity critical to this

• Most prosecutions are** intelligence led ** • Chance stops on motorways do not exist • However, seizure of drugs may be consequence of investigations into other crimes

*** Drug seizure ** *** Confession ** * Eyewitnesses- usually from police sources- may be covert or overt * Communication o Maybe billing evidence or from phone/sim *** Financial analysis ** *** Lifestyle **

o Officers o Analysis o Forensic scientists o CPS lawyers and council

o Presence of drugs on items e.g., clothing, kitchen scales o Analysis of drugs and purity o Presence of drugs in body  Hair, urine etc o Continuity of evidence

• Street level test purchase- also known as buy/bust • County lines-dealing outside of major cities to counties via kids who take across line, so dealers at either end are low level involved • Conspiracies • Importation • Cannabis farms

o Police officer goes undercover to find dealer – good for low level dealer o E.g., Operation Cirrus- drug dealers in Wiltshire o E.g., operating phoenix

County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas (within the UK), using dedicated mobile phone lines or other form of ‘deal line’. They are likely to exploit children and vulnerable adults to move (and store) the drugs and money and they will often use coercion, intimidation, violence (including sexual violence) or weapons

o Can be in attics or bedrooms o Give off heat signature due to electricity usage o Often have trafficked ‘gardener’ o Proceeds often cleaned through nail bars or casinos o High yield

*** The law- UN ** o Single convention on Narcotic drugs of 1961 as amended by the 1972 protocol o Convention of psychotropic substances of 1971 o UN convention against illicit traffic in Narcotic drugs and psychotropic substances of 1988- Vienna convention *** Criminal justice (international co-operation) Act 1990 ** o Board ships in Atlantic o Arrest with evidence those from other countries * International cooperation * UNODC, Interpol, Europol, Euro just

• Causing explosion likely to endanger life or property- s2 • Attempting to cause explosion or making or keeping explosive with intent to endanger lifer or property- s3 o This is the section covering conspiracy • Making or possession of explosive under suspicious circumstances- s4

• Causing bodily injury by gunpowder- s28 • Causing gunpowder to explode, sending or explosive substance or throwing corrosive fluid with intent- s29 • Placing gunpowder near a building with intent to do bodily harm to any person- s30 • Making or having gunpowder with intent to commit or enable any person to commit a felony- s64

• Terrorist acts 2000 and 2006 • Deals with instruction manuals/internet download

• Explosives act 1875- s3 • This Act shall apply to gunpowder and other explosives as defined by this section. The term explosive in this Act - (1) Means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect; and (2) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all description, and every adaptation or preparation of an explosive as above defined. • Includes: petrol bomb, petrol bomb in milk bottle containing petrol, air, and a wick

• Explosive substances act 1883- s9 • The expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement. • Includes: Shot gun, part of vessel filled with an explosive substance • Could cover collection of chemicals suitable to produce explosives