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.
ASBA 2003 – CLOSURE OF PREMISES
Anti Social Behaviour Act 2003, Part One:
Class A drug use, production or supply
ANDSerious 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
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.
Drugs, the Law and Human Rights
0845 450 0215
Niamh EastwoodHead of Legal [email protected]
19 January 2010
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