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Obtaining a Prescription by False Representations

Obtaining a prescription by false representations is an offence under section 16 of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You obtained a prescription from a medical practitioner, nurse, midwife or vet, or you induced a pharmacist to dispense a forged or fraudulently altered prescription
  2. You did so by way of a false representation
  3. You knew your representation was false, and
  4. The prescription included a prohibited drug.

The false representation may be verbal, in writing or by conduct.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You had actual possession of a forged or fraudulently altered prescription
  2. You knew the prescription was forged or fraudulently altered, and
  3. The prescription included a prohibited drug.

Duress and necessity are defences to the charge

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