MISUSE OF DRUGS ACT 1981 - SECT 8E

MISUSE OF DRUGS ACT 1981 - SECT 8E

8E .         CIR may be given for minor cannabis related offence

        (1)         A police officer who has reason to believe that a person has committed a minor cannabis related offence may give a cannabis intervention requirement to the alleged offender, unless subsection (4) or section 8G(1) applies.

        (2)         A police officer who believes —

            (a)         that an alleged offender has committed more than one minor cannabis related offence; and

            (b)         that the alleged offences have arisen out of the same incident,

                may give a single CIR in respect of all or some of the offences.

        (3)         A CIR is to be given as soon as practicable, and in any event within 60 days, after an alleged offence is believed to have been committed.

        (4)         A CIR cannot be given in respect of an alleged offence (the new offence ) if the alleged offender —

            (a)         is an adult who, before the new offence was allegedly committed, had been convicted of a minor cannabis related offence or given a CIR; and

            (b)         was an adult when so convicted or given the CIR.

        [Section 8E inserted: No. 45 of 2010 s. 6.]