QLDIn ForceAct
Drugs Misuse Act 1986
sec.14Other offences that may be dealt with summarily if no commercial purpose alleged
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### sec.14 Other offences that may be dealt with summarily if no commercial purpose alleged
Subject to subsection (2) , if a person charged with the commission of a crime defined in section 9 , or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily.
section 9 (Possessing dangerous drugs)
It is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1) . (See the Director of Public Prosecutions Act 1984 , section 11 (Powers of director).)
Proceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose.
A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than—
if a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or
otherwise—3 years imprisonment.
s 14 orig s 14 om 2000 No. 5 s 373 sch 2
prev s 14 ins 2000 No. 28 s 14
amd 2001 No. 78 s 237 sch 4
om 2008 No. 4 s 17
pres s 14 ins 2010 No. 26 s 62
amd 2017 No. 41 s 16
(sec.14-ssec.1) Subject to subsection (2) , if a person charged with the commission of a crime defined in section 9 , or an attempt to commit the crime, is liable on conviction to more than 15 years imprisonment, proceedings for a charge of the offence may be taken summarily. section 9 (Possessing dangerous drugs) It is open to the director of public prosecutions to issue guidelines for deciding whether to take proceedings summarily under subsection (1) . (See the Director of Public Prosecutions Act 1984 , section 11 (Powers of director).)
(sec.14-ssec.2) Proceedings may not be taken summarily if the prosecution alleges that the possession the subject of the charge was for a commercial purpose.
(sec.14-ssec.3) A person against whom proceedings are taken summarily under this section is liable, on conviction, to not more than— if a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or otherwise—3 years imprisonment.
- (a) if a treatment order is made for the person under the Penalties and Sentences Act 1992 , part 8A —4 years imprisonment; or
- (b) otherwise—3 years imprisonment.