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.

CASE LAW

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

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.

QUESTIONS?

Drugs, the Law and Human Rights

0845 450 0215

Niamh EastwoodHead of Legal Servicesniamh@release.org.uk

19 January 2010