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PACE

Weapons, Drugs & Mental Health 2

QuestionAnswer
What are the drug classifications under the Misuse of Drugs Act 1971? Class A, Class B, Class C (A carries the highest maximum penalties)
Give an example of a Class A drug Heroin, cocaine, MDMA (ecstasy), LSD
Give an example of a Class B drug Cannabis, amphetamine, ketamine
What is the difference between simple possession and possession with intent to supply? Intent to supply requires evidence the drugs were held for onward distribution (e.g. quantity, packaging, cash, texts) rather than personal use — carries significantly higher sentencing
What section of PACE-adjacent law gives a specific search power for drugs? s.23 Misuse of Drugs Act 1971
Which Act covers offensive weapons broadly, updated in 2019? Offensive Weapons Act 2019 — covers corrosive substances, certain knives (e.g. zombie knives), and restricts sales
Which Act/section makes it an offence to carry a bladed or pointed article in public without good reason? s.139 Criminal Justice Act 1988
What is the general defence to a s.139 charge, under s.139(4)? Proving good reason or lawful authority for having the article in a public place
What are the specific defences listed under s.139(5)? Having the article for use at work, for religious reasons, or as part of any national costume
What power does s.136 Mental Health Act 1983 give? Power to remove a person who appears to have a mental disorder and be in need of immediate care/control, from a public place, to a place of safety
What power does s.135 Mental Health Act 1983 give? Power under warrant to enter premises and remove a person believed to have a mental disorder, for their own or others' safety
What is the maximum period someone can be detained in a place of safety under s.136? 24 hours (extendable by a further 12 in specific medical circumstances)
Can a police station be used as a "place of safety" under s.136? Only in exceptional circumstances — the Act's presumption is a health-based place of safety, not custody
Created by: UPJP
 

 



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