Drug Offences
If you are being investigated or prosecuted for drug offences this can be a daunting time. This is an area of law for which the penalties can be severe. So,it is important that the right advice is sought as to your options. Controlled drugs also include medicines which are subject to the Medicines Act 1968.
In our experience drugs cases often involves significant forensic mobile phone data including social media, WhatsApp and location evidence. Inadvertent texts and texts using ‘drug speak’ often become incriminating and can mean that you are considered much more involved than you think.
The fact that you are found in possession of scales, plastic bags or cash will play a part of the evidence against you.
We are experienced in meticulously going through evidence and challenging prosecution forensic evidence to ensure that your case is put forward robustly. We have acted for clients involved in large scale complex conspiracy to supply and import Class A drugs, street dealers to those who have given drugs to a friend.
Whatever your situation, we can help and have helped many people from different walks of life and circumstances.
We understand issues of modern slavery and county lines issues.
We will assess the evidence and provide you with realistic advice from the outset.
We regularly act for those who are being investigated or prosecuted for drug related offences this can include:
- Possession of a controlled drug
- Possession with intent to supply
- Production, cultivation or manufacture of a controlled drug
- Drugs importation
- Supplying another with a controlled drug
- Allowing premises to be used for consumption of controlled or supply of a controlled drug
- Legal highs and psychoactive substances
Possession of A Controlled Drug with Intent to Supply It to Another/Supplying or Offering to Supply Control Drug
These offences are governed by the Misuse of Drugs Act 1971, section 4 and Misuse of Drugs Act 1971, section 5. These offences can be dealt with by the magistrates court, or the Crown Court, depending on the number of factors including the quantities and class of drug involved
What Did the Prosecution Have to Prove?
Firstly, the prosecution have to prove that the drug in question is in fact a controlled drug and that it is a drug whose supply is controlled or restricted by the law.
Secondly, the prosecution have to successfully demonstrate beyond reasonable doubt that not only was the person in possession, but they had the intention to supply this. So in short, you were not only in possession of the drugs but the drugs are controlled drugs and you intended to supply drugs to another person.
Often a person has been stopped in a vehicle or searched (or their premises) and controlled drugs have been found and therefore that element of the offence can be proved. What the prosecution then have to prove is the intention to supply. They do not need to prove that you actually passed the drug to another person. Only an intention that you and that you were to do this.
The giving of a drug to another person can find you convicted of possession with intent to supply. This can mean that you are guilty of this offence by sharing drugs socially. In order to prove the case the prosecution will also draw the courts attention to supporting evidence to demonstrate your intention to supply.
This can include:
- The quantity of drugs which may exceed personal use
- Uncut drugs or cutting agents
- Drugs packaged ready for sale
- Sums of cash in your possession
- Electronic scales
- plastic bags/foil
- Date on devices including whatsapp/encrochat
- Kik
- CCTV
- List of clients or list of money owed(accounting records)
- Extravagant lifestyle
Do I Have a Defence for drug offences?
This will depend on your individual circumstances. Duress is a common defence used in relation to drug offences (i.e) you were forced because of a threat of violence which the court will have to consider whether was reasonable given the circumstances.
An essential element to prove possession with the intention to supply is knowledge. This means that it may be possible to argue that you did not know that you were in possession of drugs. When considering this the court will look at all the surrounding circumstances to ascertain whether this in fact can be demonstrated to the standard of proof required.
Modern Slavery Defence
Modern Slavery can be used as a defence for victims of County Lines drugs offences, immigration offences, minor thefts and conspiracy. It is not an available defence to all offences.
A person is not guilty of an offence if:
- They are over 18
- Does the act because the person is compelled to do it
- The compulsion is attributable to slavery or to relevant exploitation
and a reasonable person in the same situation as the person and having the persons relevant characteristics would have no realistic alternative to doing the act,
For those who are under the age of 18:
- It must be established that the offence/act was committed as a direct result of slavery/exploitation and a reasonable person with the same characteristics would have done the same
Sentencing
If convicted of possession, with intent to supply, the court will look at the sentencing guidelines.
Essentially the offence ranges are:
- Possession with intent to supply Class A range from community order to 16 years in prison with a maximum of life imprisonment
- Possession with intent to supply Class B drugs – punishment range from a fine up to 10 years in prison with a maximum of 14 years in prison
- Possession with intent to supply Class C drugs can range from a fine to 8 years in prion, the maximum sentence being 14 years in prison.
It is likely that an application for proceedings under the Proceeds of Crime Act 2002 will commence for confiscation of any benefits that you have received as a result of criminal activity.
Legal Highs and Psychoactive Substances.
It is illegal to import or supply legal highs or psychoactive substances
Legal Highs
These can be described as:
- Stimulants
- Downers or sedatives
- Psychedelics or Hallucinogenic
- Synthetic cannabinoids
It is not a criminal offence to possess a psychoactive substance, unless it is in a prison setting.
However, it is against the law to supply or offer legal highs, for which you can be punishable by up to 7 years, imprisonment, or an unlimited fine.
What Do the Prosecution Have to Prove?
The prosecution will have to prove that the substance is psychoactive at the time that the offence was committed, and that it was capable of producing a psychoactive effect. This is likely to be in the form of a forensic report. For example, this could be nitrous oxide (laughing glass). There are a number of offences created by the Psychoactive Substances Act 2016.
Producing a Psychoactive Substance
This creates an offence of producing a psychoactive substance, which covers manufacture, cultivation of any other form of production.
The Prosecution must demonstrate that you:
- Had intentionally produced a psychoactive substance
- That you must have known or suspected that the substance is a psychoactive substance
- and that you must have intended to consume the psychoactive substance for its psychoactive effect, or know, or be reckless as to whether the psychoactive substance is likely to be consumed by another person for its psychoactive effects
The maximum penalty on summary conviction is 12 months imprisonment and unlimited final or both.
The maximum penalty of conviction on indictment is seven years imprisonment and an unlimited fine or both.
Supply of A Psychoactive Substance and Offering to Supply Psychoactive Substance
The Prosecution must demonstrate that
- The supplying of the psychoactive substances is intentional
- You must have known or suspected, or ought to have known or suspected that the substance is a psychoactive substance
- That you must know or be reckless as to whether the psychoactive substance is likely to be consumed by another person to whom is supplied to another person for psychoactive effects
If tried in the magistrates court for supplying a psychoactive substance or offering to supply psychoactive substances, 12 months imprisonment and unlimited final both.
The maximum penalty on conviction at the particle is seven years, imprisonment and unlimited fine both
When sentencing the court will look at certain aggravating factors, including if the supply of the psychoactive substance took place at all in the facility of a school, involve the use of a courier under the age of 18, took place in a prison setting.
The first step is for the court to determine your the offence category and determine your role and the harm caused