Possession of controlled drugs for sale or supply

It is an offence to be in possession of a controlled drug with the intention of selling it illegally. Anyone found guilty of this offence is liable to a class C fine on summary conviction in a District Court. If the court decides, they could be subject to a fine and a prison term not exceeding 12 months. On conviction on indictment for this offence, the court can decide on an appropriate fine. The court can also impose a life sentence for this offence if it decides it is necessary. However, lesser sentences can also be imposed, either with a fine or alone.

Use of premises, vehicles or vessels for certain activities

It is an offence for anyone who occupies or controls any land, vehicle or vessel to use it to manufacture, import or supply a controlled drug. If they are found guilty of this offence they are liable on summary conviction to a class C fine, or a prison sentence of up to 12 months, or both. On conviction on indictment for this offence, the court can impose an appropriate fine, or a prison sentence of no more than 14 years, or both.

Forged or fraudulently altered prescriptions

It is an offence to forge a prescription or to try to change it in any way in order to deceive. Anyone found guilty of this offence is liable, on summary conviction, to a class D fine or a prison sentence not exceeding 6 months. If the court decides, you could be liable for both. On conviction on indictment for this offence, the court can decide on an appropriate fine, or impose a prison term not exceeding 14 years, or both.

Court-ordered drug treatment

For some drugs offences the court may decide that imposing the usual penalties is not the most effective response. These offences include:

• Illegal possession of controlled drugs
• Possession of controlled drugs for unlawful sale or supply
• Breaking the regulations about opium, growing opium poppies or cannabis plants
• Forging or fraudulently altering prescriptions

If you have been sent to a custodial treatment centre by a court order, you can make an application to the court that detention is no longer in your best interest or in the best interests of other people at the centre. Based on this application, the court can review your case and revoke the detention order. It then has a number of options open to it. If the court decides that you are still in need of treatment, it can order your continued detention, possibly in another treatment centre. If custodial treatment is not considered necessary, you may be ordered to continue treatment but not on a custodial basis. The court can also decide to impose the usual penalties for your offence such as a prison sentence and/or a fine. This will depend on the circumstances of your case and if a prison sentence is imposed, the court must take into account the amount of time you have already been detained in a treatment centre. The court can decide not to impose any further penalties if it is satisfied that you no longer need treatment and that the circumstances of your case do not warrant further penalties.