Metropolitan police commissioner Sit Ian Blair says that Kate Moss should have been prosecuted after being filmed snorting a white power and told 'I can see that behaviour, you convince me that you're taking talcum powder, because that's an unusual way to take it.'" Under English law, it is for the prosecution to prove a case beyond reasonable doubt, not for the defendant to prove their innocence. It's more than a little scary that the most senior police officer in the country fails to grasp that basic fact. http://news.bbc.co.uk/1/hi/england/london/7440111.stm
Not only that he fails to grasp the fact that drug USE isn't even illegal (except for opium) in Britain. So there's no crime being committed anyway. That man should have been fired a long time ago.
Huh? Where did you find that? The Misuse of Drugs Act 1971 is pretty blatant about it in the title. 'Misuse', when relevent to drugs, means to use in an improper manner and a manner that isn't used for medicinal purposes; i.e. recreational.
Sorry about the lack of response, lost the post, new servers confusing. But anyhoo, the Misuse of Drugs act covers Possession and Supply. Seeing as being under the influence of said drugs is not illegal (unless driving/operating machinery), nor is use: http://drugs.homeoffice.gov.uk/drugs-laws/misuse-of-drugs-act/?version=1 Dunno where I heard about opium being illegal still to use, but the rest of it is definately the case.
The use of opium comes under section 9(a) of the Act. But in theory, you're right...Kind of. It isn't illegal to use an illegal drug, but you can't use it unless you possess it; therefore, you can't be prosecuted for being under the influence of any drug, only if you're operating machinery.
Interesting metaphysical question, at what point do you stop possessing the drug? After you've swallowed/smoked/injected it? After it's 50% metabolised? 100%?
Of course Her Majesty's constabulary are renowned for their relish for abstruse philosophical debate, aren't they?
