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Drugs

Being charged with any type of drugs offence can be a daunting experience. Drug type offences can range from simple possession to supply to production and importation.

Being convicted of a drugs offence can carry a range of sentencing and disposal options from a simple caution at the police station to a significant custodial sentence and draconian confiscation proceedings.

If you are arrested for a drugs offence of any type the police will want to interview you under caution and it is imperative that you have representation to make sure that you are dealt with fairly and that your rights are observed at all times.

If you find yourself being arrested and or charged with a drugs offence Freeman & Co. are here to advise and represent you at every stage in the proceedings. You can call on 0161 236 7007 or send a confidential email by clicking here.

The majority of the law relating to drugs is dealt with under the Misuse of Drugs At 1971. The law relating to drugs and associated offences is complicated and you will need the advice of a solicitor to understand how the case is being brought against you and the defences available to you.

From the start it is against the law for any person to have in their possession an illegal substance. At the outset of the case the police will be interested in 3 main aspects. The first is the type of substance, second the amount of the substance that the person has in their possession and finally for what reason they have the drug.

Illegal drugs and substances under the Misuse of Drugs Act fall broadly into three categories:

Class A Drugs: which can include Heroin, Cocaine, Ecstasy, etc.
Class B Drugs: which can include Cannabis, Amphetamine, etc.
Class C Drugs: which can include tranquillisers, anabolic steroids, etc.

The amount of drugs in someones possession can give and indication to the police as to the persons intention for them. If the defendant has only a very small amount of drugs then it may be deemed as simple possession for personal use, the penalties for which are at the bottom end of the sentencing or disposal scale.

On the other hand if a person is in possession of a large amount of drugs that would go beyond what would be thought of as personal use then the defendant may well be charged with possession with intent to supply. This is a much more serious charge that simple possession and with the seriousness comes harder sentencing with the starting point being generally that of a custodial sentence.

At the highest end, offences of commercial supply, production, importation and exportation can attract custodial sentences of 14 years or more.

Sentencing Guidelines

Possession Of A Controlled Drug

Magistrates’ Court

Class A drug: £5000 fine and/or 6 months’ imprisonment
Class B drug: £2500 fine and/or 3 months’ imprisonment
Class C drug: £1000 fine and/or 3 months’ imprisonment

Crown Court:

Class A drug: Unlimited fine and/or 7 years’ imprisonment
Class B drug: Unlimited fine and/or 5 years’ imprisonment
Class C drug: Unlimited fine and/or 2 years’ imprisonment

Possession with Intent to Supply

Magistrates’ Court:

Class A drug: £5000 fine and/or 6 months’ imprisonment
Class B drug: £5000 fine and/or 6 months’ imprisonment
Class C drug: £2500 fine and/or 3 months’ imprisonment

Crown Court:

Class A drug: Unlimited fine and/or life imprisonment
Class B drug: Unlimited fine and/or 14 years’ imprisonment
Class C drug: Unlimited fine and/or 14 years’ imprisonment

Possession with Intent to Supply

Magistrates’ Court:

Class A drug: £5000 fine and/or 6 months’ imprisonment
Class B drug: £5000 fine and/or 6 months’ imprisonment
Class C drug: £2500 fine and/or 3 months’ imprisonment

Crown Court:

Class A drug: Unlimited fine and/or life imprisonment
Class B drug: Unlimited fine and/or 14 years’ imprisonment
Class C drug: Unlimited fine and/or 14 years’ imprisonment

Producing Controlled Drugs/Cultivating Cannabis

Magistrates’ Court:

Class A drug: £5000 fine and/or 6 months’ imprisonment
Class B drug: £5000 fine and/or 6 months’ imprisonment
Class C drug: £2500 fine and/or 3 months’ imprisonment

Crown Court:

Class A drug: Unlimited fine and/or life imprisonment
Class B drug: Unlimited fine and/or 14 years’ imprisonment
Class C drug: Unlimited fine and/or 14 years’ imprisonment

Where the prosecution can show evidence of commerciality to the supply of illegal drugs the court may order a confiscation hearing under the Proceeds of Crime Act 2002.


Call Us Today On 0161 236 7007