Drug offence investigations can be complex. The police may have gathered all sorts of evidence, from the words and conduct of people involved or witnesses, to CCTV to cell-site data, to quantities of drugs, cash or paraphernalia.
One of the challenges of being accused of being concerned with the production of drugs is that you do not need to physically be caught with drugs in your possession. If the authorities can prove knowledge of production or that you indirectly participated in production, this is enough to convict you.
This is where the help of an expert criminal defence team can be vital. We will take all possible steps to challenge the evidence against you, whether this be during police station interviews, during the investigation stage or at trial.
As well as helping you deal with drug production charges, we can also provide advice about confiscation proceedings and other action under the Proceeds of Crime Act (2002).
Successful cases
We have a strong track record of success in drug production and supply cases. Here are just a few examples of our successes:
- R v M & A (Lincoln Crown Court) – we represented 2 out of 5 defendants accused of the commercial production of cannabis and associated asset seizure under the Proceeds of Crime Act 2002. With our assistance, both defendants were found not guilty and the case was thrown out.
- R v I (Bristol Crown Court) – defendant was originally facing around 4 years in prison for the commercial production of cannabis. We got this reduced to a suspended sentence.
- Operation Faber – our client was accused of conspiracy to supply heroin. With our assistance, he was found not guilty at trial while his co-conspirator (who was not represented by us) was found guilty.
- Operation Saracen – our client was accused of conspiracy to supply Class A drugs. We managed to get his sentence significantly reduced on the basis that he did not have a ‘managerial role’ in the offence as the prosecution alleged. His co-conspirator (who was not represented by us) was found to have a leading role and as a result received 4 years longer in prison.
- R v Quraishi & Others – we represented one of three co-defendants accused of conspiracy to supply Class A drugs and money laundering. Following a search of his home, the police recovered class A drugs and drug paraphernalia. However, after our meticulous investigation, our client was acquitted of all offences at trial.
- Operation Atlanta and Operation Ridion – we successfully appealed against sentence for conspiracy to supply Class A drugs and our client’s sentence was reduced to 18 months.
- Operation Latious – our clients were accused of being part of a 21-person conspiracy to supply cocaine. All the other defendants pleaded guilty, but we held our course. One of our clients went to trial where the prosecution was able to offer no evidence and he rightly walked free.
Police station representation
If you or someone you know has been arrested or invited to the police station for a voluntary interview under caution, we recommend that you get in touch with us for advice straight away.
You are entitled to free legal advice while at the police station, so having an expert criminal defence solicitor by your side during police interviews is essential.
It is possible for anything you say or do at the police station to be used as evidence against you, either when deciding whether to charge you or during trial.
Having the assistance of a trained police station specialist can ensure that your rights are protected and that you do not say or do anything to make the situation worse. It could mean the difference between being charged or having the charges dropped altogether.
We can travel at short notice, including out of office hours, to advise and represent you.
So, ask to call Bird & Co Solicitors in Grantham and one of our specially trained police station representatives can provide assistance.
What is a ‘production’ drugs offence?
Production means the ‘manufacturing, cultivation or production by any other method’ of controlled drugs. This includes cannabis cultivation and the process of turning one drug into another.
What does being concerned in the production of drugs mean?
You can be prosecuted for being concerned in the production of controlled drugs if the prosecutors can prove that:
- A controlled drug was produced
- There is a link between you and the production process (such as providing equipment or allowing your home to be used to produce the drug)
- You knew that the controlled drug was being produced
‘Being concerned’ means that you contributed to an identifiable part of the drug production, even if you did not take an active role.
If prosecutors can prove that you actively participated in the production process, they will charge with ‘production of a controlled drug’ instead.
Cannabis cultivation is also its own separate offence. However, you should not be charged with both cannabis cultivation and production of a controlled drug. The main difference between the offences is that, if you are charged with production of a controlled drug, you can also face proceedings to freeze and seize your assets under the Proceeds of Crime Act 2002. For more information about the offence of cultivating cannabis, visit our Cannabis Cultivation page.
What is the sentence for being concerned in the production of drugs?
The maximum sentences for being concerned in the production of drugs are:
- Being concerned in the production of Class A drugs – life imprisonment
- Being concerned in the production of Class B drugs – 14 years’ custody and/or an unlimited fine
- Being concerned in the production of Class C drugs – 14 years’ custody and/or an unlimited fine
Being concerned in the production of drugs sentencing guidelines
If you plead guilty or are found guilty of being concerned in the production of controlled drugs, the court will take into account many complex factors. As well as providing defence advice, we can also provide assistance during the sentencing stage to try to keep your sentence as low as possible.
When sentencing, the court takes into account:
- The offender’s ‘culpability’ – whether the defendant took a leading role, significant role or lesser role in committing the offence (e.g. someone who was not central to the production operation may receive a lower sentence)
- The harm caused – this is based on factors such as the weight and quantity of the drugs involved.
The court considers the culpability, harm and the type of drug involved (i.e. whether the drug is Class A, B or C) to work out roughly what level of sentence the defendant should receive. For example, a defendant facing the most serious level of culpability and harm for being concerned in the production of Class A drugs could receive at least 14 years in custody.
The court also takes into account aggravating and mitigating factors, which may cause the sentence to go up or down depending on the circumstances. For example, mitigating factors include:
- If the defendant feels remorseful
- If they were pressured into committing the offence
- Having no previous convictions
Aggravating factors could include:
- Having previous convictions
- Involving a person under the age of 18
- Committing an offence while on bail
We can explain exactly how sentencing works and represent you during the process.
Contact our drug offence solicitors today
Our team have achieved the Law Society Criminal Litigation Accreditation as evidence of our skills representing people in criminal proceedings.
So, for advice and representation about being concerned in the production of drugs charges, 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
