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Cover Criminal Law Directions

12. Drugs offences  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the main drugs offences found under the Misuse of Drugs Act 1971. It begins with a discussion of the offence of possession of a controlled drug, and examines the meaning of the terms ‘possession’ and ‘controlled drug’, before exploring defences to specific drug offences. It considers the offences of possession of a controlled drug with intent to supply that drug to another, production of controlled drugs, supply of controlled drugs, and the offence of an occupier or someone concerned in the management of premises knowingly permitting the premises to be used for certain drug-related activities. Finally, it explores proposals to criminalise the use of ‘legal highs’.

Chapter

Cover Criminal Law

16. Misuse of Drugs Act offences (additional chapter)  

Michael J. Allen and Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The Misuse of Drugs Act 1971 includes the main offences in English law involving prohibited drugs. This chapter discusses the offences of unlawful possession, possession with intent to supply a controlled drug, supplying or offering to supply a controlled drug, production of a controlled drug, and offences related to occupiers and those concerned in management of premises.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

26. Handling and related offences  

David Ormerod and Karl Laird

This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

34. Offensive weapons (additional chapter)  

David Ormerod and Karl Laird

Legislation regulating the possession and use of firearms and offensive weapons is of major importance in the prevention of offences against the person and there are a number of offences, some of which have existed for many years, which criminalize the unlawful possession of offensive weapons. This chapter discusses these offences. Although they may seem straightforward, these offences have generated a significant volume of case law. Whether an articles is ‘made for’ causing injury requires the jury to consider whether it is of a kind which is, generally speaking, made for such use.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

22. The Fraud Act 2006  

David Ormerod and Karl Laird

This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

27. Offences of damage to property  

David Ormerod and Karl Laird

The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.

Chapter

Cover Criminal Law

4. Strict Liability  

A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. The courts will only interpret the offence to be one of strict liability where Parliament has made it quite clear that there is no mens rea requirement for the offence. There are some offences which just require proof that the defendant possessed a prohibited item. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.