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Legal issues affecting those working with drug users

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 .

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Legal issues affecting those working with drug users

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  1. Legal issues affecting those working with drug users Niamh Eastwood Head of Legal Services Release 19 January 2010

  2. 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

  3. 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.

  4. CASE LAW • R v. Brock and Wyner [2000] EWCA Crim 85 – ‘The Cambridge Two’

  5. ASBA 2003 – Closure of Premises Anti Social Behaviour Act 2003, Part One: • Class A drug use, production or supply AND • Serious nuisance or disorder

  6. 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

  7. 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.

  8. 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.

  9. 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

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. QUESTIONS?

  15. Drugs, the Law and Human Rights 0845 450 0215 Niamh Eastwood Head of Legal Services niamh@release.org.uk 19 January 2010

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