Section 59B: Suspension of prosecution
This section is inserted by Act No 17 of 2022, section 21.
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
59B. Suspension of prosecution
(1) Where, in respect of an offence committed by a
drug user under section 34, the Commissioner of Police is of the
opinion that –
(a) the offence was committed by the drug user for
his personal consumption;
(b) no aggravating circumstances exist in the
commission of the offence; and
(c) the drug user is not a drug trafficker,
he shall make a recommendation to the Director of Public
Prosecutions for the drug user to undergo rehabilitation in lieu of
being prosecuted for that offence.
(2) Where, on the recommendation of the Commissioner
of Police, the Director of Public Prosecutions is satisfied that a drug
user may undergo rehabilitation in lieu of being prosecuted, he
may advise the Commissioner of Police to refer the drug user to
the Panel.
Acts 2022 547
(3) The Commissioner of Police shall, on the advice of
the Director of Public Prosecutions, forthwith refer the drug user to
the Panel.
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Questions this section answers
- If I am caught with a small amount of cannabis for my own use, can I avoid being prosecuted?
- What happens if the police catch me with drugs for personal consumption?
- Can a first-time drug user get rehabilitation instead of a criminal charge?
- Who decides that a drug user is referred to the Panel instead of court?