The most common drug offence that you can be accused of is possession of a controlled substance. If you are accused of being in possession of a controlled drug, the prosecution will need to prove:
- That you were in possession of a controlled substance
- That that controlled substances is an illegal drug of a specific classification (Class A, B, or C);
Being in possession of any controlled drug is an either-way offence. This means that it can be heard in either the Magistrates Court or the Crown Court. For any offence of possession of a controlled drug, you could potentially face a prison sentence. This is unlikely if it is your first offence, but if you have a history of convictions for drug offences, there is a risk that the Court could impose a prison sentence.
The maximum sentence available to the Court depends on the Classification of drug you are accused of being in possession:
- If you are accused of being in possession of a Class A drug, the Magistrates can impose a maximum of 6 months imprisonment, or a Crown Court could impose 7 years imprisonment after a trial.
- For possession of a Class B or C drug, the maximum sentence the Magistrates can impose is 3 months. The maximum the Crown Court can impose for a possession of a Class B drug is 5 years, and for possession of a Class C drug, the Crown Court can impose a maximum of 2 years imprisonment.
If you are convicted of an offence of being in possession a controlled drug, it can have serious consequences for the future and you could lose your job and livelihood. Accordingly, it is very important that if you are accused of an offence like this that you instruct the best solicitor for your case, who will prepare your case fully and do everything they can to achieve the best possible result for you.
The solicitors at Spartans Law have dealt with clients who were accused of the full range of drug offences, from a simple possession to complex supply allegations If you, or someone you know, are accused of a drug offence, Contact Us to see how we can help you.