sec.378AApplication of division

### sec.378A Application of division This division applies if— a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use. For subsection (1) (b) , a reference to another indictable offence does not include another minor drugs offence that is an indictable offence. s 378A prev s 378A ins 2014 No. 42 s 111 om 2020 No. 7 s 40 pres s 378A ins 2023 No. 11 s 22 (sec.378A-ssec.1) This division applies if— a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use. (sec.378A-ssec.2) For subsection (1) (b) , a reference to another indictable offence does not include another minor drugs offence that is an indictable offence. - (a) a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and - (b) the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and Examples of commission of an offence in circumstances related to a minor drugs offence— • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B - • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence - • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person - • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B - (c) the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and - (d) a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use. - • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence - • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person - • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B