Possession Of Drugs
If you are caught in physical possession of a drug, you will be charged with possession. This applies even whether or not you knew the drug was a “controlled substance”, although there is a defence under section 28 of the Misuse of Drugs Act 1971 if you can prove that you neither knew nor suspected nor had reason to suspect that the substance was a controlled drug. You will be charged with straightforward possession of a controlled substance if you are found to have any amount of a Class A drug, e.g. Heroin, Ecstasy, or more than a minimal quantity of a Class B or Class C drug, e.g. Cannabis.
The maximum sentence for possession of a controlled substance in the Crown Court is seven years imprisonment or an unlimited fine for possession of Class A substances.
Supplying Or Offering to Supply Drugs
This offence involves the intention of passing on a controlled substance to another person. This offence is upheld even where the supply is between friends for free, for example, sharing cannabis or MDMA with a friend. The supply of a controlled substance is a very serious offence and is dealt with as such in the Courts.
These offences can be dealt with either in the Magistrates Court or the Crown Court, depending upon the severity of the case and the amounts involved. The maximum sentence for this offence is life imprisonment or an unlimited fine within the Crown Court for supplying a Class A controlled substance.
Our experience has shown recently that with reduced resources, the police are targeting people who are actually supplying controlled substances as opposed to clients who have a small amount of drugs for personal use.
Our drugs solicitors have defended many cases involving the supply of controlled drugs, ranging from small amounts of cannabis, cocaine or heroin up to major drugs conspiracies involving large quantities of drugs and many defendants from all over the country. We have often secured Not Guilty verdicts for our clients or persuaded judges to dismiss cases at half-time due to evidential or disclosure problems.
We are familiar with the issues arising where large drugs conspiracy cases are prosecuted. This ranges from managing the large volume of paperwork and evidence involved to dealing with telephone billing, cell site evidence and covert policing methods.
Where all else fails, we’re experienced in dealing with the sentencing process and have often been able to obtain advantageous sentences for our clients or have sentences which were excessively reduced on appeal.
Production Of Controlled Drugs
Conspiracy Solicitors have immense experience in dealing with the production of controlled drugs offences, some of which have attracted extensive interest from the national media.
This offence covers the cultivation and/or manufacturing of controlled drugs, whether it be half a dozen cannabis plants in the loft or garage or an extensive commercial grow worth thousands of pounds. You may commit the offence if you were directly or indirectly involved with the production process. Indirect involvement could be the letting out of premises for the purposes of cultivation, where you know that production is taking place.
Of course, the Prosecution must prove that you were actively involved in some way, and if they can’t do that, their case should fail.
The offence is made out where:
- A controlled drug is being produced;
- There was some link between you and the production process.
- That you knew a controlled substance was being produced.
Our drug defence lawyers have dealt with many of these cases and have, for example, been able on occasion to persuade judges to exclude important Prosecution evidence due to concerns about the manner in which police conducted searches, resulting in cases collapsing.
Production Of Controlled Substances with Intent to Supply
A separate charge of Production with Intent to Supply will apply if the prosecution can show that you have produced a controlled substance with the intention of supplying it to another. This will usually arise in circumstances where there is a large-scale commercial production.
The same complexity issues would arise in other large-scale drug cases. We’re experienced in dealing with these issues, so if you need help, we are the right place to come.
These are very serious offences, and it is important, therefore, that you are properly advised by a solicitor and/or a barrister at each and every stage of the investigation. We at Conspiracy Solicitors have a wealth of knowledge in all types of drugs offences.
Other aspects of drugs law
Amongst the other drugs cases we’ve dealt with, we also have experience with the law relating to drugs searches. In one case, we obtained the acquittal of a client who was alleged to have tried to smuggle cocaine into a prison. The evidence was thrown out after we exposed flaws in the searching process, which had rendered all the searching conducted unlawful.
Another common issue in drugs prosecutions is confiscation and proceeds of crime. We’ve dealt with many complex POCA hearings and can advise you about what may follow in these circumstances.
Sentencing for drug supply offences is complex, and sentences can range from fairly small to extremely long. The sentence which is imposed will depend on the following features:
- The type of drugs involved: Class A, B or C, Cocaine, Heroin, Cannabis etc
- The amount or value of the drugs involved: a small amount or a much larger amount worth thousands of pounds
- The role of the individual: leading (an importer or wholesale supplier), significant (a smaller wholesaler or an organiser in some other way, or major street dealers) or lesser (couriers and junior runners)
- Whether there was a plea or a conviction after trial
- Previous convictions, whether the offence was on licence or on bail
- Length of time over which the offence was committed.
There are, of course, many other variables, and every case is different.
Common questions about drug offences
What is Conspiracy?
Conspiracy is an agreement between two or more people who agree to carry out and commit a crime. However, given that the term ‘agreement’ is not defined in legislation, it can be interpreted in several ways, so even if you are in the wrong place at the wrong time, you can be deemed ‘conspiring’ to commit an offence.
Our experienced drug defence lawyers have represented people who have been wrongly accused of conspiracy to supply drugs. There can be occasions where the Prosecution takes advantage of the vague definition of ‘agreement’ and charges people based on social media communications. Our team have successfully proved that our clients have not, in fact, conspired to supply drugs and have gained an acquittal.
Is conspiracy more serious than supplying?
This all depends on a variety of factors, including the role you have in the conspiracy to supply drugs.
If you are considered to have played a minor, subordinate role in a conspiracy to supply drugs, then the penalties may be less serious than if you were convicted of a simple offence of supplying drugs.
However, if you are found to have held a major controlling role in a drug supply conspiracy, then the penalties on conviction could be much more serious than for a standard offence of supplying drugs.
What sentence will I receive for conspiracy to supply Drugs?
This will depend on various factors, including:
- The role you played in the conspiracy, e.g. whether you had a minor, subordinate role in carrying out someone else’s plan or where a key played in planning the overall criminal operation
- The scale of the offence, e.g. the class, quantity and value of the drugs involved
- The length of time over which any offences took place
- Your level of awareness that you were that you were involved in a criminal conspiracy
- Whether you plead guilty and, if so, at which stage of proceedings
- If you were pressured, intimidated or coerced into taking part in the conspiracy
- Any previous convictions on your record
Will I get remanded for possession with intent?
If you are charged with possession with intent to supply drugs, you may be put on remand and sent to prison or a secure centre for young people to await trial. Whether or not you are put on remand will depend on various factors, including:
- The class, amount and value of the drugs involved
- Any previous convictions you have
- If the police believe you may not attend your court hearing
- If the police believe you may commit another crime if released on bail
- If you have been given bail before and not stuck to the terms
Our drug offence solicitors can provide expert legal representation to give you the best possible defence in this situation.
Do I have to give my phone PIN in a drugs case?
If police arrest you, you do not automatically have to give them the PIN for your phone or other mobile device if requested.
However, if you are served with a notice under Section 49 of the Regulations of Investigatory Powers Act 2000 requiring you to provide police with your PIN, then continuing to refuse to do so is a criminal offence.
Before giving your PIN to the police or refusing to do so, it is essential to have specialist legal advice. We recommend speaking to our expert serious drug offences solicitors as soon as you are arrested to ensure you do not do anything that could harm your defence or result in additional criminal charges.
Will I go to prison for a first-time drug offence?
Whether you go to prison for a first-time drug offence depends on several factors, including the type and quantity of drug, the circumstances of the offence, and your criminal history.
Drug offences are classified by the type of drug, with Class A (e.g., heroin, cocaine) considered the most serious, followed by Class B (e.g., cannabis) and Class C (e.g., anabolic steroids).
You may receive a fine or a lesser sentence for minor offences, such as possession of small amounts for personal use, especially if it’s your first offence.
However, if the offence involves dealing, supplying, or possessing larger quantities of a Class A drug, a longer prison sentence is more likely, even for a first-time offence.
Ultimately, sentencing will be influenced by the seriousness of the crime and the potential harm inflicted. Legal advice from specialist drug charge lawyers is recommended.
What factors affect sentencing for drug offences
The defendant’s role in the conspiracy can affect the sentencing for drug offences, and this is categorised based on whether they had a leading, significant, or minor role in the supply chain.
The potential harm caused by the drugs involved will also be factored in. This is determined by the class and quantity of the drugs.
Drug classes range in severity from Class A to Class C. Examples of these drugs include:
- Class A: Cocaine, crack cocaine, ecstasy (MDMA), heroin, LSD, magic mushrooms, methadone and methamphetamine (crystal meth).
- Class B: Amphetamines, barbiturates, cannabis, codeine, gamma hydroxybutyrate (GHB), gamma-butyrolactone (GBL), ketamine, methylphenidate (Ritalin), synthetic cannabinoids and synthetic cathinones (for example mephedrone, methoxetamine).
- Class C: Anabolic steroids, benzodiazepines (diazepam), khat, nitrous oxide (laughing gas) and piperazines (BZP).
Aggravating factors can also have an impact on the judge’s sentencing, such as previous offences or exploitation of children or vulnerable people.
Mitigating factors can lessen a sentence in some cases, such as no prior criminal convictions, a mental disorder or learning disability, or whether the person was pressured or threatened to participate in the supply.
When deciding a sentence, the judge will consider a range of factors, including the ones listed above.
What happens if your assets are frozen under drug charges?
Under the Proceeds of Crime Act 2002 (POCA), your assets can be frozen if you face drug charges.
The authorities may freeze your assets if they suspect that the money or property is linked to criminal activity, including drug trafficking or supply.
Freezing orders prevent you from accessing, selling, or transferring your assets, such as bank accounts, homes, or vehicles, while the case is being investigated.
This aims to prevent people from financially benefitting from crime.
How can Conspiracy Solicitors' Drugs Offence Solicitors help you with your drugs offence case?
Our specialist drug offences solicitors can assist with drug offences by providing expert legal representation, guidance, and support throughout the legal process.
We can attend the police station and support you in the investigation stage to ensure you do not harm your defence.
We can then assess the evidence against you, advise you on your rights, and help you build a strong defence strategy with the aim of reducing charges or avoiding a conviction altogether.
We will advocate for your best interests and ensure any mitigating factors are heard in court.
How to fund your defence against drug conspiracy charges
Securing police station representation for serious drug offences
You are entitled to free legal advice when arrested or interviewed by the police. While you can use the duty solicitor available at the police station, we strongly recommend choosing your own legal representative with specialist experience in drug conspiracy cases.
Our highly experienced drug offence solicitors are available 24/7 for police station representation via WhatsApp on 07535 215140.
Legal aid for drug conspiracy prosecutions
If you are prosecuted for a drug conspiracy offence, then depending on the circumstances, some or all of the cost of your defence may be covered by a Representation Order (a.k.a. ‘legal aid’).
Representation Orders are means-tested, so what, if any, support you can get will depend on your personal financial circumstances.
For Magistrates’ Court prosecutions, you will need to pass a merit test as well as a means test. This merit test is intended to show whether it is in the ‘Interests of Justice’ for you to have a legal defence.
Any contribution you make towards your defence costs will be repaid with interest if you are found not guilty.
Find out more about Funding Your Drug Defence.
Contact our drug offence solicitors now
Facing a drug conspiracy charge? Get in touch with our expert criminal defence team now for advice or immediate representation.
Get in touch with our drug offences solicitors now by using our simple contact form to request a call back or contacting 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
If you need advice from solicitors specialising in drugs offences, come to Conspiracy Solicitors.
