Drug Misuse and Trafficking Act 1985
24Manufacture and production of prohibited drugs
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24 Manufacture and production of prohibited drugs
24 Manufacture and production of prohibited drugs
(1) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.
(1A) A person who—
(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and
(b) exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process,
is guilty of an offence.
(2) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.
(2A) A person who—
(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug, and
(b) exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process,
is guilty of an offence.
(3) If, on the trial of a person for an offence under subsection (2) or (2A), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (1A), respectively, and the person is liable to punishment accordingly.
(3A) It is a defence to a prosecution for an offence under subsection (1A) or (2A) if the defendant establishes that the exposure of the child to the prohibited drug manufacturing or production process, or to substances being stored for use in that manufacturing or production process, did not endanger the health or safety of the child.
(3B) If, on the trial of a person for an offence under subsection (1A) or (2A), the jury—
(a) is not satisfied that a child was exposed to a prohibited drug manufacturing or production process, or to substances being stored for use in such a manufacturing or production process, or