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Misuse of Drugs Act 1971

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Section 25.

Schedule 4E+W+S Prosecution and Punishment of Offences

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Extent Information

E1This version of Schedule 4 extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland

Modifications etc. (not altering text)

C1This version of Schedule 4 extends to England and Wales and Scotland only a separate version has been created for Northern Ireland

C2Sch. 4: power to amend column 5 or 6 conferred (S.) (1.4.1996) by 1995 c. 46, s. 225(5)(d)

Section Creation OffenceGeneral Nature of OffenceMode of ProsecutionPunishment
Class A drug involvedClass B drug involvedClass C drug involvedGeneral
Section 4(2)Production, or being concerned in the production, of a controlled drug.(a) Summary12 months or £400, or both.12 months or £400, or both.[F13 months or [F2£2,500], or both].
(b) On indictment[F3Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 4(3)Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another.(a) Summary12 months or £400, or both.12 months or £400, or both.[F13 months or [F2£2,500], or both].
(b) On indictment[F3Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 5(2)Having possession of a controlled drug.(a) Summary12 months or £400, or both.[F43 months or [F2£2,500], or both].[F43 months or [F2£1,000], or both].
(b) On indictment7 years or a fine, or both.5 years or a fine, or both.2 years or a fine, or both.
Section 5(3)Having possession of a controlled drug with intent to supply it to another.(a) Summary12 months or £400, or both.12 months or £400, or both.[F53 months or [F6£2,500], or both].
(b) On indictment[F7Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 6(2)Cultivation of cannabis plant.(a) Summary12 months or £400, or both.
(b) On indictment14 years or a fine, or both.
Section 8Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there.(a) Summary12 months or £400, or both.12 months or £400, or both.[F83 months or [F2£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 9Offences relating to opium.(a) Summary12 months or £400, or both.
On indictment14 years or a fine, or both.
[F9Section 9A.][F9Prohibition of supply etc. of articles for administering or preparing comtrolled drugs.][F9Summary][F9F9F9F96 months or level 5 on the standard scale, or both.]
Section 11(2)Contravention of directions relating to safe custody of controlled drugs.(a) summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 12(6)Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs.(a) Summary12 months or £400, or both.12 months or £400, or both.[F103 months or [F2£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 13(3)Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs.(a) Summary12 months or £400, or both.12 months or £400, or both.[F103 months or [F2£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 17(3)Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs.Summary[F11level 3 on the standard scale].
Section 17(4)Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs.(a) Summary6 months or £400, or both.
(b) On indictment2 years or afine, or both.
Section 18(1)Contravention of regulations (other than regulations relating to addicts).(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(2)Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts).(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(3)Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(4)Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 20Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law.(a) Summary12 months or £400, or both
(b) On indictment14 years or a fine, or both.
Section 23(4)Obstructing exercise of powers of search etc. or concealing books, drugs etc.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
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Amendments (Textual)

F6Sch. 4: By 1994 c. 33, s. 157(2)(9), Sch. 8 Pt. II; S.I 1995/127, art. 2(1), Sch. 1 it is provided (3.2.1995) that for the word “£500” there shall be substituted the word “£2,500”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of Schedule 4 extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland

Modifications etc. (not altering text)

C1This version of Schedule 4 extends to England and Wales and Scotland only a separate version has been created for Northern Ireland

C2Sch. 4: power to amend column 5 or 6 conferred (S.) (1.4.1996) by 1995 c. 46, s. 225(5)(d)

Section 25.

Schedule 4N.I. Prosecution and Punishment of Offences

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of Schedule 4 extends to Northern Ireland only, a separate version has been created for England and Wales and Scotland

Modifications etc. (not altering text)

C3Sch. 4: power to amend conferred (N.I.) (3.2.1995) by S.I. 1984/703 (N.I. 3), art. 17(2)(k), as inserted by 1994 c. 33, s. 157(8); S.I. 1995/127, art. 2(1), Sch.1

Section Creation OffenceGeneral Nature of OffenceMode of ProsecutionPunishment
Class A drug involvedClass B drug involvedClass C drug involvedGeneral
Section 4(2)Production, or being concerned in the production, of a controlled drug.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F133 months or [F14£2,500], or both].
(b) On indictment[F15Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 4(3)Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F133 months or [F14£2,500], or both].
(b) On indictment[F15Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 5(2)Having possession of a controlled drug.(a) Summary[F126 months] or £400, or both.[F163 months or [F14£2,500], or both].[F163 months or [F14£1,000], or both].
(b) On indictment7 years or a fine, or both.5 years or a fine, or both.2 years or a fine, or both.
Section 5(3)Having possession of a controlled drug with intent to supply it to another.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F173 months or [F18£2,500], or both].
(b) On indictment[F19Life] or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 6(2)Cultivation of cannabis plant.(a) Summary[F126 months] or £400, or both.
(b) On indictment14 years or a fine, or both.
Section 8Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F203 months or [F14£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 9Offences relating to opium.(a) Summary[F126 months] or £400, or both.
On indictment14 years or a fine, or both.
[F21Section 9A.][F21Prohibition of supply etc. of articles for administering or preparing comtrolled drugs.][F21Summary][F21F21F21F216 months or level 5 on the standard scale, or both.]
Section 11(2)Contravention of directions relating to safe custody of controlled drugs.(a) summary6 months or £400, or both.
(b) On indictment2 years or a fine, or both.
Section 12(6)Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F223 months or [F14£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 13(3)Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs.(a) Summary[F126 months] or £400, or both.[F126 months] or £400, or both.[F223 months or [F14£2,500], or both].
(b) On indictment14 years or a fine, or both.14 years or a fine, or both.5 years or a fine, or both.
Section 17(3)Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs.Summary[F23level 3 on the standard scale].
Section 17(4)Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs.(a) Summary6 months or £400, or both.
(b) On indictment2 years or afine, or both.
Section 18(1)Contravention of regulations (other than regulations relating to addicts).(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(2)Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts).(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(3)Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 18(4)Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Section 20Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law.(a) Summary[F126 months] or £400, or both
(b) On indictment14 years or a fine, or both.
Section 23(4)Obstructing exercise of powers of search etc. or concealing books, drugs etc.(a) Summary6 months or £400, or both
(b) On indictment2 years or a fine, or both.
Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12Sch. 4: words substituted (N.I.) by S.I. 1984/703, (N.I. 3), art. 4, Sch. 1 para. 1(c)

F18Sch. 4: By 1994 c. 33, s. 157(2)(9), Sch. 8 Pt.II; S.I. 1995/127, art. 2(1), Sch.1 it is provided (3.2.1995) that for the word “£500” there shall be substituted “£2,500”

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