CONTROLLED SUBSTANCES ACT 1984 - SECT 33N

CONTROLLED SUBSTANCES ACT 1984 - SECT 33N

33N—Aggregation of offences

        (1)         If—

            (a)         a person has committed offences against this Part in relation to different batches of controlled substances (whether or not controlled substances of the same kind); and

            (b)         the offences were committed by the person on the same occasion or within 7 days of each other or in the course of an organised commercial activity relating to controlled substances carried on by the person,

the person may be charged with a single offence against this Part in respect of all of the different batches of controlled substances and, subject to section 33O, the quantity of controlled substances concerned for the purposes of that offence is the total quantity of the controlled substances in the different batches.

        (2)         If the prosecution seeks to rely on this section to charge a person with a single offence in respect of different batches of controlled substances—

            (a)         the fact that the prosecution intends to do so must be set out in the charge; and

            (b)         the charge must contain adequate particulars of the defendant's conduct in relation to each of the batches or in relation to the total quantity of the controlled substances in the different batches; and

            (c)         it is not necessary for the prosecution to specify, if the charge relates to conduct of the defendant on different occasions, the exact dates of each occasion or to specify the exact quantity of each batch.

        (3)         The presumption under section 32(5), 33(4) or 33B(5) may only apply in a case where the prosecution seeks to rely on this section if—

            (a)         the charge relates to conduct of the defendant on the same occasion; or

            (b)         the charge relates to conduct of the defendant on different occasions within 7 days of each other and on at least one occasion involved a trafficable quantity of a controlled substance.

        (4)         Nothing in this section prevents a person being charged with separate offences in respect of different batches of controlled substances.

        (5)         However, if a person has been convicted or acquitted of a single offence against this Part in respect of different batches of controlled substances, the person may not be charged with a separate offence in respect of any of the batches.

        (6)         A person may not be charged with a single offence against this Part in respect of different batches of controlled substances if the person has been convicted or acquitted of a separate offence in respect of any of the batches.