If you have been arrested and interviewed by the police for a drug offence it is important that you seek legal advice at the first opportunity. Drug offences are classed as serious offences.
Classification of Drugs
The Misuse of Drugs Act 1971 classifies drugs which are subject to control. Controlled drugs are classified as Class A (eg cocaine, heroin, ecstasy (MDMA)), Class B (eg cannabis, amphetamines, ketamine) or Class C (eg nitrous oxide (laughing gas), diazepam, khat).
What are the different drugs offences in the UK?
Possession means being caught with drugs, even if they do not belong to the person caught. The police have the power to stop, detain and search people on ‘reasonable suspicion’ that they are in possession of a controlled drug. The penalty for possession depends on the class and quantity of the drug, and where the person and the drugs were found.
Possession with intent to supply is a more serious offence that may be proved by:
- direct evidence, for example by witness testimony or surveillance
- possessing a quantity of drugs inconsistent with personal use
- possessing uncut drugs
- possessing a variety of drugs
- evidence the drug has been prepared for sale, for example it has been cut into small amounts separately wrapped
- drug related equipment being found in the care/control of the suspect, for example weighing scales, cutting agents, bags or wraps
Production is committed when a suspect has some identifiable participation in the process of producing an illegal drug, by making it, growing it or any other method.
Importation means the illegal importation or exportation of a controlled drug.
What happens if you are charged with a drug offence?
If you are charged with a drug offence it is important to seek advice as soon as possible. At Johnson Astills we will consider the evidence against you and advise you accordingly. Most drug offences are either way which means they can be dealt with either at the Magistrates or crown Court depending on the seriousness of the offence. If you are convicted of a drug offence there are sentencing guidelines which the court will consider including the classification of drug, the culpability or role of the defendant and the level of harm caused. You will be advised on the likely sentence by your solicitor in the event that you plead guilty or are convicted of an offence.
Why choose Johnson Astills for advice?
Johnson Astills offer expert legal advice to those that find themselves accused of drug offences. We can represent from the police station through to the crown court, with our in house advocates, Helen Johnson and Michelle Harding.
We offer fixed fee appointments and legal aid options are available.
How can Johnson Astills help?
It is vital to seek legal advice should you find yourself accused of a criminal offence. At Johnson Astills, we specialise in criminal defence, including advice and representation at the police station. We have experience in liaising with the police and submitting pre-charge engagement representations, which have resulted in no further action being taken against our clients.
At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312.
