Hello on. Welcome to this bite sized 20 minute webinar. On behalf of Data Law, I mean concerns the Psychoactive Substances Act of 2000 and 16. My name is calling Beaumont. What? It's only going to be 20 minutes. We've got 12 our bullet points to consider, so let's look at the 1st 2 Firstly, the act came into force at midnight on the 25th of Men 2000 and 60 all Lee you, Howie's weatherman. At the time of the implementation of the act, they were 588 psychoactive substances knocking around but want of a better expression now. The thing to appreciate, of course, is that these substances are not like Class A drugs or Class B drugs or Class C drugs. These substances arson, vetted, they're being manufactured. Along the time I said ghost, it would have been useless for the act to simply contain a Hsieh jewel of banned substances that were named because all that would have happened, of course, is that new substances would have being created, which were no upon the schedule. So the important point to bear in mind is that if it's a psychoactive substance, there's a blanket ban imposed upon the possession or supplying manufacturing importing X 40 elite as I put their bullet point to blankie, Ban production, distribution, sale and supply in the UK possession Somewhat unusually. Possession of the psychoactive substance in the street is lawful save but two named psychoactive substances those be spice and black member. I think we all know what spices and I suspect. We've all seen people in major cities who are walking around or probably no walking around. They look a bit like zombies. They are completely out of it because they've taken spice. That black member is something new to me. I'm not quite sure what Black member is, but I know that both of those two are classified as Class B drugs. It is therefore on offense to possess those drugs anywhere tonight. Three. Four points three and four. I should say possession of any psychoactive substance within a custodial institution. Is it a fence? And it's a defense. Would you believe with you and inmate visitor? No member of staff straightening isn't date that they may the law, So why so is to include members of staff as well. One can think of other offenses that would be committed by both visitors or star if they have these drugs upon them within a custodial institution. Important point to bear in mind. Of course, it's spice or black member. It's a normal temples, etc. Anywhere A with the other psychoactive substances, it's permissible to simply possess them unless you're in a custodial institution. No, What is a psychoactive substance? Well, the legislation gives us the definition that a psychoactive substance is any substance which is capable of producing a psychoactive effect on a person who consumes it. So what? They is a psychoactive effect. Well, let's have a look at the next point points. Five and six. A psychoactive substance is any substance which stimulates or depresses a person's central nervous system whereby it affects the person's mental functioning or emotional state. The act is science as to weather will not. That effect needs to be a direct effect or an indirect effect. We had a case in the Court of Appeal in which a crown cool judge decided they he didn't matter how it stimulated or depressed your central nervous system. He could do it directly. It could do it indirectly. The legislation was silent on the point, and the judge was no prepared to say that parliament had only intended it to be prohibited if it affected your central nervous system directly. That matter went to the Court of Appeal on the Court of Appeal, agreed with the judge. It's irrelevant how it stimulates. Hold the presses, your central nervous system. Now remember Blanket Ban, old psychoactive Substances Band on, then commission granted on a substance by substance basis. In other words, Section three of the act creates an exemption whereby certain substances, although they are clearly psychoactive, they stimulate or depress your central nervous system. These substances are permissible and they are listed. He showed you one to the act. Caffeine. Thank goodness tobacco not bothered alcohol. No bothered Menu said. Thank goodness. Food. Thank goodness. So there you are, I suppose, if you were prosecuting or representing someone, one of the questions you have to ask yourself is whether or no this substance was exempted by virtue of the fact that it paid on shade you want, I suppose. Another thing you have to ask yourself if you were prosecuting or defending in relation to simple possession, otherwise and in a custodial institution was the substance in question something other than spice all black member. If the arms that is. Yes, then of course, no offence has been committed. Nitrous oxide loving gas. We had a live case law in relation to This is you've probably seen those little silver cats use in the gutters. On those, of course, are the capture. Will was thin, contained nitrous oxide. I'm told that these things are very popular at nightclubs. I'm very popular at festivals. Now. It is an events of calls to supply loving gas, nitrous oxide. This had to be tested by the Court of Appeal because they were a couple off crown cold cases in which the prosecution expert and I repeat that the prosecution expert, not the defense expert, was of the view. The perhaps nitrous oxide was covered by shade. You wanna, because of its medicine, you'll qualities and was there for perhaps exempt from the psychoactive Substances act itself. When yes, the court of appeal agreed that nitrous oxide I did have medicinal qualities. Would you believe it's used? Isn't Anil ge easier? So yes, it does have medical qualities, but so what? The court of appeal, said the one must look not only to the substance itself but also the circumstances in which the person was purporting to supply this particular substance. And they came to the very sensible conclusion that if you go 500 of these laughing gas cath use upon you and your in the nine club at two oclock in the morning, you're certainly no in possession off those substances because of their medicinal qualities. You therefore all know to be allowed some sort of spurious get out. Because of these medicinal qualities, the Court of Appeal were having none of that as a legal argument in terms off penalties. Most events is, by the way, and they carry 77 years on indictment. We're talking supply away troll king, exporting, importing, manufacturing seven years on the night possession, simple possession. And you might come across this in your local Magistrates court or your local police station. Because the person has been charged with possession in the street of spice or black member that defenses are away and carries two years on the indictment. You also course might be dealing with someone by way of defending them or prosecuting them because they are in possession or any psycho in substance with a a custodial institution. I don't know. You might have dealt with such people ready 29 in 10 supply. But of course, all those simple possession isn't a crime unless within a custodial institution, supply all psychoactive substances seven years. And of course, it will not surprise you to learn the supply is aggravated in the offense was committed near school prayer. Missy's or the offender was using a career who was under 18 or the events was committed within a custodial institution. In terms off supply, the person concerned must intentionally supply Andi. Also intend will be reckless concerning whether or not the person to whom the substance was supplied would be using that substance. Boys psychoactive effects. Yeah, points it evident. 12. The actor cause is available in its entirety from the usual website is All of these acts in parliament are legislation doctor girl dot you can. I would also urge you to read the explanatory notes, particularly the explanatory notes in relation to Check You Want and the exempted substances Now should the prosecution is, it were seek to prosecute people and take them through the courts on criminalize their behavior. When would you believe the act gives the police a series of civil remedies? It's which, who knows, may just bring in the behavior to an end whereby criminal same shoes in terms of charges no required. You might never, ever come across this, but it's just a swell to know that there are civil them. It is available to the police elite. Branch notes do themselves say that with the use each of these civil damages, it may be possible to nick the problem in the bud rather than resorting to criminal sanctions. So what? All these civil remedies, these are available to the police, but sleep a prohibition notice. Imagine the scenario. The police suspect that someone in a particular shop is discreetly supplying psychoactive substances from under the counter. Well, they conserve a prohibition on that note. Er notice on that person Say desist from this behavior. Stop what you are doing. They also in the behavior persists, served upon the landlord a premises. Notice to the effect that if this behavior continues me, we may well at seek closure off these particular premises. No, If the people or person concerned responds well to the civil remedy. That might be the end of the matter that if you are served with a prohibition notice and you reach it or you are served with a premises noticed and you breach it. The next stage in the proceedings is for the police to apply for orders available from the court. A prohibition order granted in the local magistrate iCal a premises order granted the magistrate school a prohibition Order all premises order is something to be taken very seriously. Breach of that particular order is an either way offence carrying two years morning. I think now it may be and that you're consulted by someone who's in danger have such an order being made. It would be interesting to see if you work for the defense on how you were going to be paid for dealing with the client at school. You obviously have to contact your local contract manager. Who knows? It may be that the real agency would grant you of that border they might regarded as analogous to a domestic violence protection order. That's another civil order. Is he not that the magistrate could make the important point to bear in mind. Of course, it's quite an important thing to take seriously because of the sanctions available upon breach. Try blind away on two years imprisonment. So there you are. I'm 20 minutes goes past rather quickly, doesn't it? I don't know. Whether we'll know the legislation will achieve are the desired results. I know that when it first came into force, a lot of people were hugely skeptical about whether or not it would don't produce any beneficially. Thanks at all. But be that as it may, parliament, the government, in its wisdom, has decided that we can no longer possess or supply. We'll manufacture or import or export in certain circumstances of these psychoactive substances. Well, there you are. That was a quick run through 20 minutes. It doesn't last very long, does it? Thank you for watching this particular webinar. Thank you for listening to may. I only found it. You saw. And I do hope that you return to enjoy another data law bite sized webinar in the not too distant future. This is calling very one signing off and saying thank you
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