Drug Offence Solicitors Cardiff
Illegal drugs are controlled substances that can be classified into class A, B and C (with class A being the most serious drug). The higher the classification of drug the higher the likely punishment attached.
A person can be convicted of a drug offence if you are found guilty of unlawful possession, are in possession and intend to supply; or occupy (manage) a premises in which controlled substances are grown/ found/ used. The law which governs drug misuse is known as the Misuse of Drug Act 1971.
Sentences imposed after conviction vary from fines, community orders to custodial sentences. The monetary value of a fine is unlimited, and custodial sentences range from 2 years to life imprisonment. A court may also order the individual to be subject to a drug rehabilitation requirement; to address any substance misuse issues.
Possession Of a Controlled Substance
A person will be convicted of possession when they are found with a controlled substance or have control of it.
If convicted of possession the following guidance is given when considering the appropriate punishment:
Class C
Discharge to a maximum of 2 years custodial sentence.
Class B
Ranges from discharge to a maximum of 5 years custodial sentence.
Class A
Ranges from a fine to a maximum custodial sentence of 7 years.
The above principle applies in terms of possession however to be found guilty of intent to supply a person must distribute (or intended to) to another. The following guidance is followed in determining the appropriate sentence on conviction:
Class C
A maximum custodial sentence of 14 years. Upon consideration of aggravating and mitigating factors the sentences which are likely to be imposed range from a fine to custodial sentence.
Class B
A maximum custodial sentence of 14 years. Upon consideration of the mitigating and aggravating facts of the case the likely sentences range from a fine to 10 years imprisonment.
Class A
Will attract a maximum custodial sentence of a life term. Upon consideration of the mitigating and aggravating facts of the matter sentence, can range from a high level community order to a 16 year custodial sentence.
Supplying, Dealing, Production & Cultivation
It is an offence to grow any part of a controlled substance e.g. cannabis plant.
Production occurs when a person is found guilty of growing, producing or manufacturing a controlled substance.
Importation
R V H & others (2019)
Cardiff Crown Court.
Successfully represented the Defendant who was the only one to be acquitted after trial in a large scale conspiracy to supply class B drugs involving 16 other defendants brought by the Crown Prosecution Service Complex Case Unit.
R V D (2014)
Cardiff Crown Court.
Defendant acquitted of producing class B drugs, supply of class B drugs and possession of class B drugs following a fully contested trial.
R V R (2006 to 2007)
Cardiff Crown Court.
Defendant acquitted of conspiracy to sell drugs in a 35 handed conspiracy.
Contact Drug Offence Solicitors Cardiff
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