On a charge allowing premises to be used for the supply of drugs, the defendant’s belief that he had taken sufficient steps to prevent drugs being supplied, was not a sufficient defence. The standard to be applied was the jury’s assessment, not that of the defendant. In this case the prosecution alleged that, given the degree of activity at the premises, the defendants must have known of the sale of drugs. Once the defendants knew that drugs were being sold, they had to take all reasonable and effective steps to prevent dealing. The word ‘reasonable’ did not have a subjective element.
Times 28-Dec-2000
Misuse of Drugs Act 1971 8(b)
England and Wales
Updated: 19 July 2021; Ref: scu.86227
