I have been prescribed meds for an illness. I discover a close friend has the same ailment and I decide to share my meds with him. When I get to his house, he tells me he's recovered naturally. Have I committed PWITS?
Yes! I was in possession of a controlled substance and I intended to supply it to someone!
I approach a lady and her newborn child in the park. I point a knife at the newborn baby and say "HAND OVER YOUR PURSE OR YOUR CHILD GETS IT". The mother, fearing for her child, hands over her bag and I make off. Is this Robbery?
No, the lady can't be put in fear on behalf of someone else, and the newborn is oblivious!
I approach a woman on the highstreet claiming to be a medical practitioner and breast examiner. I convince her to let me touch her bare breast to "examine it for cancer". Is this Fraud by False Representation?
No! Fraud can only be for a loss or gain of money/property. Not sexual thrills!
Do I need to be in possession of a controlled substance to commit the offence of Offering to Supply Drugs?
No! It's just the offer that matters...
Give examples of Class A, Class B and Class C drugs.
A & B are easy. C - Khat, Subutex, Anabolic Steroids, Benzodiazepines, BZP...
A man is at his parent's home address visiting. He has a mental breakdown and begins to smash the house up and threaten his family. Can he be detained under Section 136.
No! He's in a dwelling!
You are invited in to the home of a victim. Upon entering, you see their teenage son who smells strongly of cannabis. As he sees you, he quickly puts something in his trouser pocket. Could you search him under Sec 23 MDA?
Yes!
Can a Section 23 search be carried out by a plain clothed Officer?
You bet!
Recite ADVOKA(TE) for us all.
Amount of time observed, Distance, Visibility, Obstructions, Known?, Any Reason to remember?
A school teacher confiscates some weed from a student. The teacher intends to hand it to Police but soon decides to keep it for a drugs awareness lesson in two days time. Would the teacher have a defence to possession?
No! Gotta get rid of it ASAP.
Possession of a Class C drug is triable - Summarily, Either way, or Indictment Only?
Either Way
After a few pints at the pub, Billy swings a punch at his rival, intending to cause GBH injuries. He misses, and accidentally hits Kerri, who sustains a slight bruise to her cheek. What offence do you nick Billy for?
ABH!
I carry a folding pocket knife in public for self-defence. It has a cutting edge of 2.5inches. Is this being in Possession of a Bladed Article?
Nah. (Could be offensive weapon though...)
Lance gives his big bag of weed to Reggie, as his flat is being inspected by his landlord. Reggie takes them, and then returns them next week to Lance. Who has committed Supply?
Only Reggie, as Lance derives a benefit from the weed (consuming it or selling it on). Reggie did not derive any benefit!
Recite the SOAPFC acronym.
Stolen items, Offensive Weapons, Articles for theft etc, Pointed/Bladed Articles, Fireworks, Criminal Damage
You chase two suspects back to one of their houses. The two suspects are in the back garden belonging to one suspect. Who can you search under Section 1 PACE?
Neither! They're not in public or trespassing!
