Supplying intoxicating substances and butane lighter refills to minors under UK legislation

Published by a ��˾��ҹ�� Corporate Crime expert

Practice notes

Supplying intoxicating substances and butane lighter refills to minors under UK legislation

Published by a ��˾��ҹ�� Corporate Crime expert

Practice notes

ARCHIVED: This Practice Note has been archived and is no longer maintained.

The offence of the sale of intoxicating substances and butane cigarette lighter refills to persons aged under 18

Section 1(1) of the Intoxicating Substances (Supply) Act 1985 (IS(S)A 1985) states it is an offence for a person to supply or offer to supply a substance other than a controlled drug [which has the same meaning as in the Misuse of Drugs Act 1971]:

•
to a person under the age of eighteen whom he knows, or has reasonable cause to believe, to be under that age, or
•
to a person:
1. ◦
  who is acting on behalf of a person under that age, and
2. ◦
  whom he knows, or has reasonable cause to believe, to be so acting
if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of 18 for the purpose of causing intoxication.

The

Jurisdiction(s):

United Kingdom

Key definition:

Due diligence definition

What does Due diligence mean?

Due diligence means that all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence. This requires the defendant to produce evidence of the system and procedures it has devised in an effort to avoid unfair practices.

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