Allegations related to Drug Possession or Supply can have devastating consequences for your reputation, your career and your liberty. That is why contacting us for advice as early as possible is critical. This can extend to the point that you feel an allegation might imminently be made against you. We specialise in making representations to the Police to avoid you being charged and need to go to court in the first place.
We also have extensive experience helping individuals defend themselves successfully against Drug charges. We are able to identify key weaknesses in a prosecution case so that even if you have already been charged, we can request that the Crown Prosecution Service review a case with a view to it being stopped before trial.
Our experienced solicitors will walk you through every step of the process and ensure you get the best possible representation for your defence. So, if you have been accused of any Drug offence, we are the go-to lawyers in London for expert legal advice and representation.
Call us today to schedule an appointment for comprehensive defence services.
It is an extremely serious offence to be in possession of a controlled drug and have an intention to supply or distribute that drug to another person.
To be charged with this offence, police must demonstrate:
In relation to these points, it is worth noting that there is no specific quantity prosecutors are looking for to charge for intent to supply.
It is an offence to have some identifiable participation in the process of producing a controlled drug by manufacture, cultivation, or any other method. This offence requires the prosecution to prove:
It is an offence to be an occupier of a premises where the production of controlled drugs occurs. You do not have to own or rent the premises in question. It is enough that you have a degree of control over it to exclude certain people from coming in. The fact that the accused is a trespasser or squatter offers no defence in law. To be charged, the accused must knowingly permit either the:
In some cases, turning a blind eye may be sufficient for prosecution. However, mere suspicion is not. As always, these points must be proved to the satisfaction of the Court.
Sentences are highest in cases relating to Class A drugs (e.g. Cocaine/Heroin). You may still be imprisoned for offences relating to Class B drugs (e.g. Cannabis)
Judges use the culpability/harm intersection for many offences to help determine the offence category and corresponding starting point.
Judges must consider the class of controlled drug concerned in the offence, the quantity, and whether the offender had any direct contact with users. The greater the ‘role’ played by a defendant in the enterprise, the stronger the sentence.
For possession, the sentence is determined by class of drug, along with any aggravating or mitigating circumstances.
If the offence is possession with intent to supply, supply, production or importation, the court will determine the offender’s culpability and the harm caused.
Culpability is a measure of the offender’s role in the offence.
Harm is indicative of the type and quantity of the drug concerned.
The sentence you receive will be dictated by the quantity of drugs you are said to have supplied and the role within any such enterprise that you play.
Below are the factors that a court will consider in deciding your role and, thereby, the severity of the sentence that you will receive.
Selling directly to users OR Supply of drugs in a custodial institution
Note – where the offence is selling directly to users or supplying in a custodial institution the starting point is not based on quantity – go to category 3
Aggravating factors may increase the severity of the sentence. Examples include:
Mitigating factors may reduce the severity of the sentence. Examples include where the offender:
For a ‘street-dealer’ of a small quantity of a Class A drug, the prosecution will generally try to place the defendant into a significant role. It will also be said that the category of harm falls into category 3 as they are selling directly to users.
Cases that fall into ‘significant role’ and category 3 harm have a range from 3 years, 6 months imprisonment to 7 years imprisonment.
As illustrated, sentences for these offences are likely to result in a period of imprisonment. If you are convicted of such an offence, our lawyers can help you establish that you played a LESSER role rather than a SIGNIFICANT or LEADING ROLE. If we can help you achieve that, there may be a possibility of avoiding a prison sentence.
The following are the sentence ranges and maximum sentences for 3 classes of drugs (A-C):
If you are being investigated for or have been charged with engaging in any drug offence and are looking for a robust defence solicitor in London for legal advice or representation, Hudson Marshall Solicitors can help. Our solicitors and advocates have extensive experience in a broad range of drug offence-related issues.
As one of the leading defence specialists in the UK, we strive to provide our valued clients with clear, concise, and professional advice, no matter how complex the case. Our highly experienced team of solicitors commit themselves to achieving the best result possible for those whose causes we take on. We are on your side.
We offer our defence services to clients throughout England and Wales. Therefore, when facing serious criminal allegations, trust Hudson Marshall Solicitors to be the first line of your defence.
Contact our compassionate, plain-speaking, proactive team today at 0800 368 9939 to schedule a consultation.