Garratts' criminal law solicitors specialise in defending those accused of drug offences. We have extensive experience dealing with all types of drug offence cases, from simple possession charges to complicated conspiracy offences. Contact us for a free consultation if you need expert legal advice and representation by calling 0161 344 2244 or accessing our 24-hour emergency number, 07971 163241.
What is a drug offence?
Drug offences are acts of breaking the law, primarily relating to using or distributing illegal drugs, which can be dangerous or harmful to others, as outlined in the Misuse of Drugs Act 1971.
Drug offences are serious crimes and can be subject to punishment, including imprisonment, fines, or a criminal record. It is, therefore, essential to seek legal advice from a criminal law solicitor if you are charged with a drug offence.
What about psychoactive substances?
The Psychoactive Substances Act 2016 is designed to regulate psychoactive substances and criminalise their use and distribution (SentencingCouncil.org). The Act defines a psychoactive substance as any substance which "(a) is capable of producing a psychoactive effect in a person who consumes it, and (b) is not an exempted substance (see section 3)" (Legislation.gov.uk).
What are ‘controlled drugs’?
Controlled drugs are substances classified by the Misuse of Drugs Act 1971 as illegal to possess, use, or distribute unless prescribed.
Classification of controlled drugs
Controlled drugs can be classified into three categories: A, B and C. For example, drugs such as cocaine, crystal meth and heroin are classified as Class A drugs, the most dangerous types of drugs, whilst amphetamines, cannabis, and barbiturates are Class B drugs.
Class C drugs are considered the least dangerous; however, their possession and supply are still illegal. Drugs in this category include substances such as anabolic steroids and some tranquilisers.
What are the main drug offences in England and Wales, and what is their sentencing?
In England and Wales, drug offences can fall into four categories;
- possession
- importation
- production
- and supply.
The Sentencing Council defines the following sentencing for each drug offence:
Possession (Misuse of Drugs Act 1971, s.5(2))
It is unlawful to have controlled drugs in your possession or on your person. The police may charge you with possession even if the drugs do not belong to you.
If convicted of drug possession, the sentence could range from a discharge to a maximum sentence of 7 years in custody if found to possess a Class A drug. The reason sentencing can vary is that aggravating and mitigating factors are considered, as well as the class of drug found to be in possession.
Importation (Misuse of Drugs Act 1971, s.3; Customs and Excise Management Act 1979, s.170(2))
Importing drugs is receiving or bringing controlled drugs into England and Wales unlawfully. This can attract a sentence ranging from a discharge or a fine to life imprisonment.
Production (Misuse of Drugs Act 1971, s.4(2)(a) or (b), Misuse of Drugs Act 1971, s.6(2))
Drug production involves the illegal manufacture, cultivation or production of controlled drugs. If you are found guilty of being involved in drug production, the sentence could range from a discharge to a maximum sentence of life imprisonment.
Supply (Misuse of Drugs Act 1971 s.4(3), Misuse of Drugs Act 1971, s.5(3))
Possession with Intent to Supply controlled drugs is the illegal selling or giving away of controlled drugs. The sentencing will take into account the quantities of drugs found.
If you are found guilty of supplying controlled drugs, the sentence can range from a Band A fine to a maximum sentence of life imprisonment for the supply of Class A drugs.
