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Criminal Law Legislation Update

Document Cited authorities 6 Cited in Related
Vincent
AuthorJoanne Clough
DOI10.1177/0022018316638795
Published date01 April 2016
Date01 April 2016
Subject MatterCriminal Law Legislation Update
CLJ638795 79..81 Criminal Law Legislation Update
The Journal of Criminal Law
2016, Vol. 80(2) 79–81
Criminal Law Legislation Update
ª The Author(s) 2016
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DOI: 10.1177/0022018316638795
As at 22 February 2016
clj.sagepub.com
Joanne Clough
Senior Lecturer in Law and Solicitor-Advocate, Northumbria University, UK
Psychoactive Substances Act 2016
The Psychoactive Substances Act 2016 received Royal Assent on 28 January 2016. Most psychoactive
substances have been specified in instruments created under the Misuse of Drugs Act 1971 (MDA 1971).
Those which are not specified are deemed to be ‘legal highs’ and are not currently controlled. The Act
introduces a widely defined ban within the UK on the production, distribution, sale and supply of
psychoactive substances or ‘legal highs’. However, instead of listing a number of illegal substances,
the Act relies on specific exclusions. This allows the police and other law enforcement agencies to have
greater power to tackle the trade in psychoactive substances, with offenders facing up to seven years in
prison. The powers to make relevant regulations are brought into effect on 28 January 2016, but all other
provisions will be commenced separately. The Home Office has stated it intends for the measures to be
introduced in the spring of 2016.
Under s. 2 of the new Act, a psychoactive substance is stated as being ‘any substance which is capable
of producing a psychoactive effect in a person who consumes it and is not an exempted substance.’ A
substance produces a psychoactive effect on a person if, ‘by stimulating or depressing the person’s
central nervous system, it affects the person’s mental functioning or emotional state’ (s. 2(2)). ‘Con-
sume’ is widely defined to include entering the body through either active, such as injecting and
smoking, or passive, such as inhaling, methods (s. 2(3)). The exempted substances are listed in Sched.
1 to the Act and these include alcohol, caffeine, food,...

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