Being charged with conspiracy to commit a drugs offence is incredibly serious, with the potential charges being suitably harsh. It is, therefore, important to understand what distinguishes an offence as a ‘conspiracy’ and what the potential consequences can be.
In this post, we will discuss what drug conspiracy charges are, what evidence is needed to demonstrate such an offence, what the potential sentences are and more.
What is a conspiracy?
In criminal law, a ‘conspiracy’ is essentially an agreement between two or more parties to carry out a criminal act. The agreement itself acts as the criminal act.
It does not matter whether or not the criminal act which is at the centre of the agreement is carried out or not. There must simply be an agreement in place or evidence that there was an intention to carry out a criminal act.
It is also important to note that the actions being planned do not need to be criminal in themselves. For example, while driving a car is, of course, not an illegal act, driving a car to collect a shipment of drugs could contribute to a charge of conspiracy to supply.
Actions that typically amount to ‘conspiracy’ 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
When can you be prosecuted for a drug conspiracy charge?
Often, you could be prosecuted for a conspiracy drug charge if the police or another agency can demonstrate evidence that suggests you were involved in planning any action that led, or could have led, to a drugs offence.
Exactly what it means to be involved in a drugs conspiracy is often up to interpretation. It is not uncommon for people to get caught up in a drug conspiracy charge for being in ‘the wrong place at the wrong time’.
How can a drug conspiracy offence be proven?
Being involved in planning to supply drugs is enough to lead to a criminal conviction. It is important to note that you do not necessarily need to be found with drugs on your person to be convicted of a drug conspiracy offence. Instead, drug conspiracy charges can be proved through certain actions and circumstantial evidence.
These can include:
- Drug paraphernalia, e.g. scales, cutting agents, bags
- CCTV evidence
- Witnesses
- Contact details of customers
- Large amounts of cash
- Phone calls
- Text messages
- Evidence of an extravagant lifestyle
What factors can affect a drug conspiracy charge?
There are a variety of factors that can influence whether you are convicted of a drug conspiracy charge. If conviction is unavoidable, these factors can also affect the severity of the sentence.
These factors include:
- Your perceived role in the drug conspiracy
- The scale of the offence involved in the conspiracy, e.g. the quantity and value of the drugs
- Previous convictions on your record
- The length of time over which offences were committed
- Your awareness and understanding of the conspiracy
- Whether you were subject to pressure or coercion
- Whether you plead guilty and, if so, at what stag of proceedings you did so
If you are subject to a drug conspiracy investigation, our drug conspiracy lawyers have the skills and knowledge to take stock of all the potential factors that could affect a charge, helping you to avoid charges, or minimise penalties where it is not possible to avoid conviction.
What are the sentences for drug conspiracy offences?
Drug conspiracy sentencing in the UK depends on the class of drug involved, the perceived culpability you played in the conspiracy and the harm caused (the quantity of drugs).
As per Sentencing Council, the culpability played is split into three categories:
- Leading role
- Significant role
- Lesser role
If you are deemed to play a leading role in a drug conspiracy charge you:
- Planned to direct or organise buying or selling on a commercial scale
- Had substantial links to and influence others in a chain
- Had close links to the original source
- Had expectations of a substantial financial or other advantage
- Use businesses as a cover
- Had some awareness and understanding of the scale of an operation
If you are deemed to play a significant role in a drug conspiracy you:
- Had operational or management function within a chain
- Involved others in operation by way of pressure or coercion
- Had an expectation of significant financial or other advantage
- Has some awareness and understanding of the scale of operation
If you are deemed to play a lesser role in a drug conspiracy you:
- Performed a limited function under direction
- Were engaged by pressure, coercion, intimidation or control
- Were involved through naivety and immaturity
- Had no influence on anyone else in the chain
- Had very little awareness of the scale of the operation
- Had expectations of limited financial or other advantage
What is the maximum sentence for drug conspiracy offences?
Drug conspiracy sentencing in the UK indicates that the maximum sentence you could receive for an offence related to Class A drugs depends on which court your case is held in.
If a case is heard in the Magistrates’ Court, the maximum sentence for conspiracy to supply Class A drugs can include either or both:
- A fine of up to £5,000
- Up to 6 months’ imprisonment
In Crown Court, the maximum sentence for conspiracy to supply Class A drugs can include either or both:
- An unlimited fine
- A prison sentence up to and including life imprisonment
Additionally, you could also be subject to a restraining order, restricting your access to your assets. You could also face Confiscation Proceedings to recover the proceedings of any criminal offences you have been involved in.
Are there any defences to drug conspiracy charges?
Depending on the circumstances, there are likely to be a range of available defence options to drug conspiracy charges.
If you deny involvement in allegations of conspiracy drug charges, your defence is likely to rely on reviewing the available evidence, such as witness testimonies, mobile evidence, CCTV footage and DNA evidence.
It could also be possible to forward a defence that indicates you lacked sufficient awareness of the wider conspiracy or that you had no involvement with the planned deal.
Are there any mitigating or aggravating factors for conspiracy drug charges?
According to Sentencing Council, there are a range of aggravating and mitigating factors which can have an impact on the sentence that is handed out for drug conspiracy offences.
Aggravating factors could include:
- Previous convictions
- Plans to use a person under the age of 18 to deliver drugs
- Plans to supply drugs in the vicinity of school premises
- Offence committed while on bail
- Exploitation of children or vulnerable people
- Plans to exercise control of the home of another person
- Attempts to conceal or dispose of evidence
- Use of violence
- Failing to comply with court orders
- Offence committed on license or post sentence supervision
Mitigating factors which could reduce the seriousness of a charge could include:
- Involvement due to pressure or coercion
- Mistaken belief about the type of drug involved
- Isolated incident
- No prior convictions
- Remorse
- Good previous character and/or conduct
- Serious medical conditions requiring urgent help
- Age and/or lack of maturity
- Mental disorder or learning disability
- Offender’s vulnerability was exploited
How can our drug conspiracy 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 conspiracy to supply class A drugs cases.
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 conspiracy drug charge, 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 our support, 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 conspiracy 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 to request a call back or contact us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
- WhatsApp 07535 215140 – for 24/7 emergency support including police station representation