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Misuse of Drugs Practice Questions

Free NPPF Step 2 Misuse of Drugs questions with full answers, for Sergeant and Inspector candidates.

25+ questions in the full bankType A format

About this topic

Misuse of drugs is a regular exam topic. Questions test possession, supply and production offences, the statutory defences, and police powers to stop, search and enter under the Misuse of Drugs Act 1971.

Recent reclassifications such as nitrous oxide (Class C from November 2023) and nitazenes (Class A from 2024) are part of the current law.

Key legislation and cases

  • Misuse of Drugs Act 1971, ss.4, 5, 8, 23 and 28
  • Criminal Justice and Police Act 2001, s.33 (travel restriction orders)

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Ferreira is executing a s.23(3) MDA 1971 warrant to search Rashid's premises for controlled drugs. On arrival, she finds three people on the premises in addition to Rashid. DC Ferreira considers what her powers are in respect of the other persons found on the premises. Which of the following correctly states DC Ferreira's powers?

  1. ADC Ferreira may search Rashid only - the warrant is issued against a named person and does not extend to other persons found on the premises.
  2. BDC Ferreira may search any person found on the premises - but only if she has reasonable grounds to suspect each individual of being in possession of a controlled drug.
  3. CDC Ferreira may search any person found on the premises - but only if she first obtains a superintendent's authority before searching persons who are not named in the warrant.
  4. DDC Ferreira may search any person found on the premises under the s.23(3) warrant - the warrant expressly authorises search of the premises and any person found therein, and no additional grounds or authority are required.
Show answer and explanation
Answer: D

Under s.23(3) MDA 1971, a warrant authorises a constable to enter the premises and to search the premises and any person found therein. The power to search persons on the premises is expressly included within the warrant itself. It is not limited to named individuals and does not require individual reasonable grounds for each person or any additional supervisory authority.

s.23(3) Misuse of Drugs Act 1971
s.23(3): "...he may grant a warrant authorising any constable... to enter, if need be by force, the premises named in the warrant, and to search the premises and any person found therein..."
  • A: The warrant is not limited to named individuals. s.23(3) expressly authorises search of any person found on the premises.
  • B: Individual reasonable grounds for each person are not required. The warrant itself provides the authority to search any person found.
  • C: A superintendent's authority is not required. The warrant itself provides the power to search persons found.
Worked question 2 of 2Standard

Fletcher has been convicted of a drug trafficking offence and sentenced to four years imprisonment. The court is considering whether to make a Travel Restriction Order under s.33 of the Criminal Justice and Police Act 2001. Fletcher's barrister asks whether the court is required to make such an order. Which of the following correctly states the position?

  1. AThe court has a discretion to make a Travel Restriction Order where a person is convicted of a drug trafficking offence and sentenced to any period of imprisonment - no minimum sentence applies.
  2. BThe court must make a Travel Restriction Order whenever a person is convicted of a drug trafficking offence - it is mandatory in all cases regardless of the sentence imposed.
  3. CThe court must consider whether to make a Travel Restriction Order where a person is convicted of a drug trafficking offence and sentenced to four years or more - it must make one unless it would be inappropriate, and must give reasons if it does not.
  4. DThe court may make a Travel Restriction Order at its discretion where a person is convicted of a drug trafficking offence and sentenced to four years or more - there is no obligation to consider or make such an order.
Show answer and explanation
Answer: C

Under s.33 Criminal Justice and Police Act 2001, where a court convicts a person of a drug trafficking offence and sentences them to four years or more imprisonment, it must consider whether to make a Travel Restriction Order. If it decides not to make one, it must give reasons. The minimum sentence threshold is four years. The order is not automatic but the court must actively consider and explain if it declines.

s.33 Criminal Justice and Police Act 2001
s.33(1): "Where a person is convicted of a drug trafficking offence by a court in England and Wales and is sentenced by that court to imprisonment for a term of four years or more, it shall be the duty of the court to consider whether it would be appropriate to make an order under this section."
  • A: A minimum sentence of four years applies. Sentences below four years do not trigger the mandatory consideration duty.
  • B: The order is not mandatory in all cases. The court must consider whether to make one where the threshold is met, and must give reasons if it declines - but it retains discretion.
  • D: The court is not merely permitted to consider - it must consider where the four-year threshold is met. The discretion is in whether to make the order, not in whether to consider it.

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