Our lawyers have a wealth of experience on representing those accused of drug trafficking, supply, production as well as other drugs offences. Whatever the charge or scale of alleged operation, we will ensure that you are represented by an experienced drugs crime lawyer who has the back-up of our considerable resources.
Any person facing a drugs charge faces the risk of receiving a jail sentence and a criminal conviction.In addition the majority of offences under the Misuse of Drugs Act are deemed “lifestyle” offences for the purposes of the Proceeds of Crime Act 2002 and confiscation proceedings in the event of conviction are inevitable.
Whichever of the following drugs offences you are accused of, we are best placed to ensure you a favourable result.
- POSSESSION OF DRUGS
- POSSESSION WITH INTENT TO SUPPLY
- PRODUCTION AND SUPPLY OF DRUGS
- IMPORTATION AND EXPORTATION
- CULTIVATION OF CANNABIS
Much of the law on drugs is contained in the Misuse of Drugs Act 1971. Parts of it are explained below, but drugs cases are complicated. If you need help or advice because you or a family member has been charged, we recommend you get in touch with us immediately.
It is an offence to possess most banned substances, and the level of seriousness depends on two main factors:
- The type of substance
- The purpose of the accused’s involvement with the substance
THE TYPE OF SUBSTANCE
Illegal drugs broadly fall into three categories or classes – A, B, and C, with A viewed most seriously.
Examples of class A drugs include Ecstasy, Cocaine and Heroin.
Examples of class B drugs include amphetamines such as speed.
Examples of class C drugs include normal strength cannabis, some tranquilisers, anabolic steroids.
THE PSYCHOACTIVE SUBSTANCES ACT 2016
This is a law intended to restrict the production, sale and supply of a new class of psychoactive substances often referred to as “legal highs”.
The Act makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. The maximum sentence will be seven years’ imprisonment.
Purpose of the Accused’s Involvement with the Substance
The second important factor when deciding the seriousness of a charge is the nature of the involvement. This means that possession is not very serious, but possession with intent to supply is serious.
Offences involving the importation, exportation, or production of any type of illegal substance is serious, and can result in a custodial sentence of more than 10 years.
DRUGS POSSESSION & INTENT TO SUPPLY
If a person is charged with straight possession of a substance, even if it is a class A substance, then a prison sentence is very unlikely even if they are convicted after a trial.
If they are charged with possession with intent to supply, then the case can only be dealt with in the Sheriff or High Court at Solemn level, and a prison sentence is very likely if they are found guilty or even if they plead guilty early on.
Possession with intent to supply basically means drug dealing, and can range from a few small bags of cannabis, to several suitcases of cocaine.
The length of sentence will depend on several factors, such as the quantity and strength of drugs, whether the dealing is party of a larger operation etc.
Possession with intent to supply class A drugs carries a maximum sentence of life imprisonment, although sentences over 10 years are rare.
Class B and C drug dealing convictions usually result in a much shorter prison sentence.
Factors which can reduce sentence include:
- Whether dealing has been done to fund a drug habit
- Whether there has been pressure from other dealers to deal for them (sometimes called duress). This is very difficult to use as a defence to escape a guilty verdict, but can help in sentence.
- Cooperation with the police
- An early guilty plea
- The age of the offender
EVIDENCE IN POSSESSION WITH INTENT TO SUPPLY CASES
The classic defence in many drug supply cases is the defence of personal use. The drugs that have been found were to be consumed only by the defendant.
The prosecution might seek to put forward evidence which they say shows that the use is not only personal.
This might include:
- A large amount of drugs
- Large quantities of unexplained cash
- Lists of names with amounts of money written next to them (could show customer accounts)
- Materials for packaging large amounts to smaller amounts, such as wraps or ‘snap’ bags
- Scales or other items used in the preparation or sale of drugs
DRUGS – IMPORTATION, EXPORTATION & PRODUCTION
These offences are viewed as very serious because they usually involve large quantities of drugs and career drug dealers who sometimes make millions of pounds.
They are also treated very seriously because they are seen to be vital to the whole illegal drug trade. Without producers and large scale suppliers, the small time dealers do not have access to drugs to deal on the street.
EVIDENCE IN IMPORTATION / EXPORTATION CASES
In importation cases, as with many drugs cases, mobile phone evidence is particularly important. Where conspiracy is alleged by the prosecution, the accused have to be linked together for the charge to be made out, and phone traffic between individuals can show this, and also theoretically bring new accused into the equation.
So called ‘cell-site analysis’ can also be used to show approximate locations of the accused at certain times, although this evidence can sometimes be challenged.
Sat Nav units in cars can even sometimes be used to trace the whereabouts of accused. This area of forensic science is a new and expanding and is not known to most solicitors.
Forensic evidence relating to the accused, such as fingerprints, DNA, and forensic analysis of clothes and body, is often important in drugs cases.
With fingerprint and DNA evidence, technical challenges are often difficult, although not always impossible. The best way to attack such evidence is often on the basis that the object in question was handled innocently, without knowledge, or even that an object found with drugs or at the scene of a drug production operation could have been moved.
Forensic analysis of clothing and hands or other body parts is often not an exact science, as was displayed with the scandal of the Maguire Seven, who were wrongfully convicted for being involved with constructing and detonating IRA bombs, when the nitro-glycerine that was on their hands could have passed innocently from, for example, a contaminated hand-towel.
Traces of substances such as cocaine can often be found on banknotes, but this does not necessarily mean that the holder of the money has been in direct contact with the substance. A survey conducted in 1999 by Mass Spec Analytical (MSA), showed that 99% of a sample of 500 used London banknotes had traces of cocaine.
Such cases are viewed with the utmost severity by courts, as they can not only involve large scale operations, but also often employ illegal immigrants. The immigrants themselves are often the ones who face prosecution, when they are often victims themselves, and the owners of drugs factories, notably for cannabis often evade the police.
The law makes distinctions between different levels of involvement in such cases, from “workers”, who receive lighter sentences, and supervisors, or people in authority over the operation, who can face long periods of custody.
Issues in drugs production cases can be complex, and often involve analysis of property and financial records, forensic evidence, and also sometimes involve immigration issues.