If you are being investigated for, or charged with, a drug offence, our specialist drug offence solicitors can help you. Whether you wish to plead guilty and have us do damage limitation, or you are not guilty and need the strongest defence preparing, our drug offence solicitors are the experts you need on your side.
Which legislation covers drug offences?
The Misuse of Drugs Act 1971 is concerned with preventing the misuse of controlled drugs.
Which drugs are ‘controlled’?
Drugs are ‘controlled’ if they are designated as being of Class A, B or C, as set out in Parts I, II or III of Schedule 2 to the Act
The classification of drugs depends on the relative harm they cause if misused.
What offences can a person be charged with?
The Act covers the range of offences set out below:-
Possession offenses:
- Possession – s.5(1) of the Act;
- Possession with intent to supply – s.5(3) of the Act.
Supply offences:
- Supplying a controlled drug – s.4(3)(a) of the Act;
- Being concerned in a supply – s.4(3)(b) of the Act;
- Offering to supply – s.4(3)(a) of the Act;
- Being concerned in an offer to supply – s.4(3)(c) of the Act.
Importation offences:
- Importation (and exportation) of a controlled drug – s.170 Customs and Excise Management Act 1979,
Production offences:
- Production of a controlled drug – s.4(2)(a) of the Act;
- Being concerned in the production – s.4(2)(b) of the Act;
- Cultivation of the cannabis plant – s.6(2) of the Act.
Occupier offences:
- Permitting premises to be used for producing – s.8(a) of the Act;
- Permitting premises to be used for supplying – s.8(b) of the Act;
- Permitting premises to be used for smoking cannabis etc. – s.8(d) of the Act.
Opium related offences:
- Smoking or using prepared opium – s.9(a) of the Act;
- Frequenting a place used for opium smoking – s.9(b) of the Act;
- Permitting premises to be used for preparing opium for smoking – s.8(c) of the Act;
- Possessing pipes or other utensils in connection with the preparation or smoking of opium – s.9(c)(i) and (ii) of the Act.
Supply of articles offences:
- For administering controlled drugs – s.9A(1) of the Act;
- For preparing controlled drugs for administration – s.9A(3) of the Act.
Inchoate offenses:
- Incitement of any of the above offences – s.19 of the Act;
- Participating in an offence (that corresponds with an offence under the Act) outside of the UK – s.20 of the Act;
- Attempting to commit a drugs offence – Criminal Attempts Act 1981;
- Conspiracy to commit a drugs offence – Criminal Law Act 1977;
- Encouraging or assisting in the commission of an offence – Part 2 Serious Crimes Act 2007.
Obstruction offenses:
- Obstructing (or concealing or failing to produce evidence to) a constable or other authorised person – s.23 of the Act.
In summary, there are a wide range of drug offences, ranging from simple possession of a drug for your own use up to producing and supplying drugs. It is vital that you ensure you have been charged with an appropriate offence for the allegation you are accused of, and our drug offence solicitors will be able to thoroughly check this for you.
How is a person sentenced for a drug-related offence?
The Drug Offences Definitive Guideline came into effect on 27 February 2012. It applies to offenders aged 18 years and over who are sentenced on or after 27/02/2012 regardless of when the offence took place.
The guideline covers a range of offences (including importation, production, supply, permitting premises to be used for drug offences and possession, for all drugs in Classes A to C) and a range of sentences.
The Sentencing Council, which published the guideline, has indicated three categories for the different degrees of seriousness, as well as starting points within each category.
In very general terms, the range of sentences available to the court start at a conditional discharge or fine up to a lengthy custodial sentence.
What is a Confiscation Order?
See our separate web page, which details the Proceeds of Crime Act 2002 (POCA) and Confiscation Orders.
We have experience in all sorts of drug offences and can represent you in any court in the country, either Magistrates or Crown Court. Our drug offence solicitors are here to help. Call us on 01623 600645.
We will go through the matter in great detail and look for any available defences, if there is no defence we will be honest and realistic with you. If you have to plead guilty then we will make sure your case is presented in the best possible light.
We have an association with one of the biggest and most respected chambers of barristers in London and can assign your case to one of our fiery juniors or a world-renowned QC.
Whatever you are charged with we will give you all the support you need to fight the charges or get the best result for you.
We understand how stressful it can be to face one of these charges, we know it can feel like there is no one you can talk to. We will listen to your side without judgment.