If you have never previously committed a drug offence, you may understandably be concerned about the potential of facing jail time upon conviction.
While in many cases jail time is unlikely for first time drug offences, it is important to be aware of the factors that can influence the severity of the charge you face and what the other potential consequences may be.
Here, we discuss what the charges may be for first time drug offences, what can influence the severity of a penalty and why speaking to our expert rug solicitors is vitally important in these situations. Read on below to find out more.
What type of drug offences can first time offenders be charged for?
You should be aware that there are four overarching drug offences you can be charged within the UK, these being:
- Possession
- Supply
- Production
- Importation
Possession
Possession refers to the act of being caught with drugs, even if they do not necessarily belong to you. The penalty for this offence will depend on the class and quantity of the drug and whether it is suspected that any other offences may be committed (e.g. possession with intent to supply).
Supply
This includes the dealing or sharing of drugs, even if it is done casually between friends. There is no requirement for there to be any evidence of payment or reward.
Production
Where it can be identified that you took place in the process of producing a controlled drug, such as making or growing it.
Importation
The illegal importation or exportation of a controlled drug.
What are the sentences for different types of drug offences?
The sentences you can receive for first time drug offences will depend on the type of offence and type of controlled substance. As a general rule, sentence for offences involving higher classes of controlled drugs will be more serious than lower classes (e.g. Class A offences will be stricter than Class C offences).
The judge or magistrates proceedings over a case will ultimately decide which type of sentence is appropriate by referring to sentencing guidelines and the law.
As a general guide, the maximum sentence someone could potentially receive for drug offences will be:
- Seven years’ custody, an unlimited fine or both for possession
- A life sentence, unlimited fine or both for supply, production and importation
For simple first-time offences for drug possession, it is unlikely that you will face jail time. If you do not have a criminal record, this will likely act as a mitigating factor which could reduce the punishment you receive to an out of court disposal, community resolution or conditional caution.
However, this does not apply to all first-time offences for drugs. First time drug dealing offences and first-time drug driving offences, for example, can be treated very harshly by the prosecution, with prison sentences being more likely.
Can first time drug offenders have their charges dropped?
It may be possible for first time drug offenders to have their charges dropped, but this will depend on the type of offence they are being charged with and whether there are any other mitigating circumstances which might weigh in their favour.
Generally speaking, it will be much more likely for a first-time offender to have their charges dropped for minor possession offences compared to complex supply or production offences.
For example, someone being charged with possession of a Class C drug is much more likely to have their charges dropped when compared to someone who is facing a charge of supplying or producing Class A drugs.
What alternative penalties are there for first time drug offenders?
As opposed to a jail sentence, there are various other penalties that first-time drug offenders could face. These include community resolutions and conditional cautions.
Community resolutions are often used by the police to deal with what they consider to be low level offences. They can only be handed out if the offender admits to the offence and agree to engage in some form of reparation. They are not recorded on the Police National Computer (PNC).
A conditional caution is similar, though they are retained on the PNC.
It is also possible that a first-time drug offence results in an absolute or conditional discharge from the court. An absolute discharge will mean that no further punishment is handed out whatsoever. A conditional discharge means that the offender will not receive a punishment provided they are not prosecuted for a further offence within the next 12 to 18 months.
Can penalties for first time drug offences show on DBS checks?
Whether or not a penalty for a first-time drug offence shows on a DBS check will depend on its severity.
Prison sentences will, of course, show on standard and enhanced DBS checks. As conditional cautions are retained on the PNC, they will also show on standard and enhanced DBS checks.
Community resolutions will not show on standard DBS checks, as they are not recorded on the PNC. They may show on enhanced checks.
Are there any other aggravating or mitigating factors for drug charges?
As mentioned, if an offender has never committed a criminal offence, this can act as a mitigating factor when it comes to sentencing. In addition to this, there are a range of other mitigating and aggravating factors which can influence the final sentencing decision.
According to Sentencing Council, the following aggravating factors could increase the severity of a sentence:
- If the possession was in a school, prison or licenced premises
- Evidence of “county lines” exploitation
- If the drugs were cut with harmful substances
- If the drugs were of high purity
- Evidence of community impact
On the other hand, the following can act as mitigating factors:
- The offender has shown remorse and/or is of good character
- The offender was using cannabis to help with a medical condition
- They are taking steps to address their addiction
- They have a serious medical condition
- They lack maturity, or have a mental disorder or learning disability
- They are the sole or primary carer for dependent relatives
If someone voluntarily enters a guilty plea, they could also receive a reduced sentence.
Can you be charged for a drug offence when you are not in possession of drugs?
Yes, it is possible to be charged with a drug offence, even if there is no physical evidence to suggest that you were in possession of a controlled drug. This is known as a ‘conspiracy charge’.
In criminal law, a ‘conspiracy’ is essentially an agreement between two or more parties to carry out a criminal act. The act itself does not need to have been carried out. The agreement is what charges relate to. There simply needs to be an agreement in place or evidence that there was an intention to act illegally.
The actions planned do not need to be criminal in themselves. A good example would be that, while driving a car is not illegal, driving a car to a planned drug deal is.
Actions that could be used to bring forward a conspiracy charge include:
- Discussing details of a criminal act, such as a drug deal
- Travelling to drug deals or acting as a courier
- Acting as a ‘middleman’ for a deal
- Allowing for your home to store and/or supply drugs
How can our drug offence solicitors help?
Conspiracy Solicitor is a trading style of Bird & Co Solicitors LLP, a firm that has been established in the East Midlands for over 30 years, working with clients across England and Wales.
Our criminal defence team is led by Christopher Milligan, who has over 200 years of combined experience, including extensive work on a wide range of drug offences.
As a firm, we are accredited by the Law Society for Criminal Litigation, recognising our expertise in all areas of criminal prosecutions.
If you are accused of a drug offence as a first-time offender, our team can provide you with a straightforward approach that provides you with the strongest possible defence, while ensuring that you are clear about the details and process of your case at all times.
With the support of our expert drug offence solicitors, you can be sure that we will find the right strategy to secure the best possible result, no matter what your circumstances might be.
Contact our drug conspiracy solicitors now
Facing a drug offence charge? Get in touch with our expert drug conspiracy defence lawyers now for advice or immediate representation.
To speak to our drug conspiracy defence lawyers, use our simple contact form or one of the numbers below:
- Call 0333 009 5968 – for standard enquiries during office hours
- WhatsApp 07535 215140 – for 24/7 emergency support including police station representation