sec.169Meaning of eligible drug offence

### sec.169 Meaning of eligible drug offence An eligible drug offence is— an offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— 0.2g of a preparation containing X and Y; and 0.7g of a preparation containing X; and 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . prescribed dangerous drug means a dangerous drug prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D . prescribed quantity means a quantity prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D . s 169 ins 2002 No. 59 s 4 amd 2007 No. 37 s 103 (sec.169-ssec.1) An eligible drug offence is— an offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— 0.2g of a preparation containing X and Y; and 0.7g of a preparation containing X; and 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . (sec.169-ssec.2) In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . prescribed dangerous drug means a dangerous drug prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D . prescribed quantity means a quantity prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D . - (a) an offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or - (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and - (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y. - (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or - (b) an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) . - (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and - (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y. - (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or - • 0.2g of a preparation containing X and Y; and - • 0.7g of a preparation containing X; and - • 0.1g of an admixture containing Y.