Drug Offences

Types of Drug Offences

In the UK, drug offences are primarily governed by the Misuse of Drugs Act 1971. Here are the main types of drug offences:

  1. Possession of a Controlled Drug: It is illegal to possess a controlled drug without a prescription. The severity of the offence depends on the class of the drug (Class A, B, or C).
  2. Possession with Intent to Supply: This offence involves possessing a controlled drug with the intention of supplying it to others. The penalties are more severe than simple possession.
  3. Supply of a Controlled Drug: Supplying or offering to supply a controlled drug is a serious offence, with penalties varying based on the drug class and the offender’s role in the supply chain.
  4. Conspiracy to Supply Drugs: This is a serious indictable offence that covers conspiring, or planning/agreeing to supply controlled substances.

Driscoll Young deal with all types of drug cases from the smallest possession charge up to large scale international supply.  Many of the larger prosecutions for drug supply offences are data driven.  The police and intelligence services often gather mobile phone data, cell site data, automatic number plate recognition data and other surveillance data during the course of investigations.  Much of this information “infers” guilt by placing individuals at locations at relevant times and can quite often be successfully challenged.

For example, if you regularly travel in a car with a friend, but unbeknownst to you they are dealing drugs, you could find yourself under investigation or even charged with involvement in their enterprise.  Therefore early advice at the police station is vital.  We can advise on the best course of action at a very early stage.

Instructing Driscoll Young gives you access to the latest legal AI tools to assist in analysing large amounts of data, the best Barristers and the best experts required to defend your case.

Common Drugs in Offences

The most commonly encountered drugs in these offences include:

Class A

Heroin, cocaine, ecstasy, LSD

Class B

Cannabis, amphetamines

Class C

Anabolic steroids, benzodiazepines

Sentencing Options

The classification of drugs into Class A, B, and C affects the severity of the penalties. For example, the supply of Class A drugs can attract the most severe penalties, with the maximum sentence being life imprisonment. Sentencing is influenced by factors such as the offender’s role (leading, significant, or lesser) and the quantity of drugs involved.

Mandatory Minimum Term: Under s.313 Sentencing Act 2020, a court must impose a custodial sentence of at least seven years for a third Class A trafficking offence, unless there are exceptional circumstances.

Section 45 Defence Under the Modern Slavery Act 2015

Section 45 of the Modern Slavery Act 2015 provides a statutory defence for individuals who commit certain offences as a direct consequence of being a victim of slavery or exploitation. This defence is applicable to both adult and youth defendants, but there are key differences in its application:

  • Adults: For an adult defendant, the defence applies if the individual can demonstrate that they were compelled to commit the offence as a result of slavery or exploitation, and that a reasonable person in the same situation, having the same relevant characteristics, would have no realistic alternative but to commit the offence.
  • Youth Defendants: For those under the age of 18, the threshold is lower. The defence applies if the individual can show that they committed the offence as a direct consequence of being a victim of slavery or exploitation, without the need to prove compulsion. This reflects a recognition of the greater vulnerability and reduced capacity for decision-making in young people.
Driscoll Young are experts in this field and have had numerous successes with the s.45 Modern Slavery defence.  In many cases, the Crown Prosecution Service are persuaded to discontinue their case.

However, there are many stages to this process and early advice at the police station is vital.

If you (or anyone you know) are under investigation, have been arrested for or are going to be interviewed about drug supply please contact us immediately on 01633 266 999 (24hrs).  We have staff on call 24 hours a day and can attend a police station at any hour at short notice.

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