Possession of Drugs in UK Law

Leading Cases
  • R v Buswell
    • Court of Appeal (Criminal Division)
    • 12 Noviembre 1971

    But if you have got it in your custody and you put it in some safe place, and then forget you have got it, and discover a year or two later, when you happen to look in that particular receptacle that it is still there, it seems to this Court idle to suggest that during those two years it has not been in your possession. If it has not been in your possession, in whose possession has it been?

  • R v Hunt (Richard)
    • Court of Appeal (Criminal Division)
    • 23 Octubre 1985

    If we restrict ourselves to the form and wording of these provisions, a strong argument can be advanced in favour of the proposition that this is simply a case where the possession of certain controlled drugs is prohibited, and the possession of others is not; that it must therefore be for the prosecution to prove that the controlled drug in the possession of the defendant is one the possession of which is prohibited; and that the prosecution must therefore negative the possibility that the drug in question is a controlled drug excluded from the prohibition in section 5(1) because it falls within Schedule 1.

    It is not, we think, to be forgotten that we are here concerned with offences relating to the possession of controlled drugs, offences which are regarded with such concern in modern society that Parliament has made them absolute: see Warner -v- Metropolitan Police Commissioner (1969) 2 A.C. 256.

  • Warner v Metropolitan Police Commissioner; R v Warner
    • House of Lords
    • 02 Mayo 1968

    The prosecution have here proved that he possessed the parcel, but have they proved that he possessed its contents also? There is a very strong inference of fact in any normal case that a man who possesses a parcel also possesses its contents, an inference on which a jury would in a normal case be justified in finding possession. A man who accepts possession of a parcel normally accepts possession of the contents.

    The question, to which an answer is required, and in the end a jury must answer it, is whether in the circumstances the accused should be held to have possession of the substance, rather than mere control. In order to decide between these two, the jury should, in my opinion, be invited to consider all the circumstances—to use again the words of Pollock and Wright—the "Modes or events" by which the custody commences and the legal incident in which it is held.

  • R v Grant
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1995

    If, on the other hand, the jury were to come to the conclusion that the presence of the money indicated not merely past dealing, but an ongoing dealing in drugs, then finding the money, together with the drugs in question, would be a matter which the jury could take into account in considering whether the necessary intent had been proved.

  • R v Maginnis
    • House of Lords
    • 05 Marzo 1987

    The word "supply," in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other. It connotes more than the mere transfer of physical control of some chattel or object from one person to another. No one would ordinarily say that to hand over something to a mere custodier was to supply him with it.

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Legislation
  • Psychoactive Substances Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (a) (a) the Advisory Council on the Misuse of Drugs, and . (b) (b) such other persons as the Secretary of State considers ...S-7 . Possession of psychoactive substance with intent to supply 7 Possession of ......
  • Misuse of Drugs Regulations 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ....... (3) Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect in relation to— . (a) (a) any drug specified in Part II of Schedule 4 which is contained in a medicinal ......
  • Police and Criminal Evidence Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ......the possession or under the control of British Nuclear Fuels. Limited shall be deemed to ...   . ( a . ) section 5(3) of the   Misuse of Drugs Act 1971 . (possession of controlled drug with intent to supply. to ......
  • Criminal Law Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ...... (2) The fact that a person has any interest in or right to. possession or occupation of any premises shall not for the. purposes of subsection ...not exceeding five years. S-52 . Misuse of Drugs Act 1971: redefinition of cannabis. 52 Misuse of Drugs Act 1971: ......
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Books & Journal Articles
  • Opiate use in Ireland — Methodological issues
    • Núm. 54-3, Septiembre 2007
    • Probation Journal
    ...... number of arrests in a three-month period for thepossession of drugs for sale or supply, and derived, they say, from Tables 4 and5 of their ...2003,1 represent the number of offences detected for possession of anydrugs for sale or supply, rather than the number of opiate users, or ......
  • House of Lords
    • Núm. 51-2, Mayo 1987
    • Journal of Criminal Law, The
    ...... HOUSE OF LORDS BURDEN OF PROOF-POSSESSION OF DRUGS R. v. Hunt In R. v. Hunr [1987] 1 All E.R. 1, ......
  • When an “Interview” is Not an Interview
    • Núm. 54-2, Mayo 1990
    • Journal of Criminal Law, The
    ...... who knew Absolam had been previously arrested for possession of cannabis, to "put the drugs on the table". They were duly ......
  • Judicial Committee of the Privy Council
    • Núm. 38-4, Octubre 1974
    • Journal of Criminal Law, The
    ...... Judicial Committee of the Privy Council UNLAWFUL POSSESSION OF DRUGS D.P.P. v. Brooks I N this case, the quashing of the ......
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Law Firm Commentaries
  • The European Commission's 'pause' On CBD Novel Food Applications
    • Mondaq UK
    ......Single Convention on Narcotic Drugs, 1961 ('the 1961. Convention'). The move has caught the industry by ...of, trade in, use and possession of drugs", while Article 33. provides that "the parties shall not permit ......
  • Proceeds Of Crime: The Benefit Of Paying For Criminal Property
    • Mondaq United Kingdom
    ......In that case the Court decided that where drugs possessed by a defendant were purchased using legitimate funds, the value ...But is it?. Mere Possession of Drugs. 6. The value of controlled drugs may now be included in the ......
  • View From The Horizon: Artificial Intelligence And Cannabusiness In London
    • Mondaq UK
    ...... process including improving success rates for the development of new drugs and reducing the length of time, and money, spent on the initial design ... 2001 set out conditions for lawful production, supply and possession of controlled drugs with cannabis listed in Schedule 1, meaning that ......
  • View from the Horizon: Artificial Intelligence and Cannabusiness in London
    • JD Supra United Kingdom
    On May 16 the second edition of our new global series, Life Sciences and Health Care Horizons, took place in London featuring two panel discussions that focused on the challenges and opportunities ...
    ...... process including improving success rates for the development of new drugs and reducing the length of time, and money, spent on the initial design ... 2001 set out conditions for lawful production, supply and possession of controlled drugs with cannabis listed in Schedule 1, meaning that ......
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