• Top 1% of Defence Law Firms

  • Defended over 50,000 Cases

  • 5 star google reviews

  • 40 Years of Criminal Law Expertise

Criminal Defence Articles

WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR PRODUCTION OF A CONTROLLED DRUG?

Stuart Miller Solicitors | Possession with intent to supply

Recent statistics show a steady number of production of controlled drugs cases being pursued through the courts, reflecting the ongoing efforts of the police and other agencies to combat drug-related crimes. If you are arrested or charged with such an offence, you must act quickly and seek the guidance of a skilled criminal defence solicitor. Early legal advice can help you navigate the complexities of the legal system, protect your rights, and work towards the best possible outcome for your case. This article provides essential information on what to do if you are arrested or charged with the production of a controlled drug. It explores whether you need a solicitor, the potential defences available, the likelihood of obtaining bail, and the possible consequences of a conviction. Additionally, it addresses common concerns, such as whether you will need to attend court, the likelihood of imprisonment, and whether legal aid is available.

Do I need a solicitor for the production of a controlled drug?

 Drug production offences are serious under English criminal law, and the consequences of a conviction can be severe. A solicitor specialising in criminal defence can provide invaluable expertise and guidance, which can significantly impact the outcome of your case. Here are the key reasons why hiring a solicitor is crucial:

  • Understanding the charges: The term “production of a controlled drug” can encompass a wide range of activities, from cultivating cannabis to synthesising synthetic drugs. A solicitor can help you understand the specific nature of the charges against you, the evidence the prosecution intends to rely on, and what they need to prove to secure a conviction.
  • Legal expertise: Drug-related cases often involve complex legal issues, including recent changes in legislation or case law. A solicitor with experience in this area will have a comprehensive understanding of the relevant laws and potential defences, ensuring that your case is handled effectively.
  • Advice on pleas: Deciding whether to plead guilty or not guilty is a critical decision that can have long-term consequences. A solicitor can assess the strength of the prosecution’s case, advise you on the implications of each option, and help you make an informed decision.
  • Evidence assessment: A skilled solicitor will critically evaluate the evidence against you, identifying weaknesses, inconsistencies, or procedural errors. This can lead to the dismissal or reduction of charges in some cases.
  • Negotiation skills: In certain situations, it may be possible to negotiate with the prosecution for a lesser charge or a more lenient sentence. A solicitor can represent your interests during these negotiations, ensuring the best possible outcome.

What are the possible defences for the production of a controlled drug?

The specific defence applicable to your case will depend on the circumstances, but here are some of the most common ones:

  • Lack of knowledge: You may argue that you were unaware of the drug production taking place. For example, if someone else was using your property or premises without your informed consent, this could form the basis of a defence.
  • Duress: If you were forced or coerced into producing drugs under threats of violence or other forms of pressure, this could negate the element of intent required for a conviction. However, proving duress can be challenging and requires strong evidence.
  • Lack of intent to supply: In cases where the production was for personal use rather than for supply or sale, the charges may be reduced or dismissed. This defence is more likely to succeed if the quantity of drugs involved is small and there is no evidence of commercial intent.
  • Entrapment: If law enforcement officers led you into committing the offence, and you would not have otherwise engaged in such activity, this could be a defence. However, entrapment is a complex argument and requires careful legal analysis.
  • Medical necessity: Although rare, it may be possible to argue that the production of the drug was necessary for medical reasons. This defence is more likely to apply in cases involving cannabis and requires substantial evidence to support the claim.
  • Procedural errors: If the police breached protocol during their investigation—for example, by conducting an unlawful search or failing to obtain a proper warrant—this could result in evidence being excluded or the case being dismissed.

Will I get bail for the production of a controlled drug?

The decision to grant bail is not automatic and depends on several factors that the court will carefully consider.

The seriousness of the offence is one of the most significant factors influencing the court’s decision. The production of a controlled drug is regarded as a serious crime, particularly if it involves large quantities of drugs or evidence suggesting an intent to supply. In such cases, the severity of the offence may make it less likely for bail to be granted without strict conditions.

Your criminal record will also play a crucial role in the court’s decision. If you have a history of similar offences or a pattern of disregarding the law, this could weigh against you during a bail hearing.

Another critical factor is the risk of flight. The court will assess whether there is a likelihood that you might abscond if released on bail. This assessment often considers your ties to the local community, such as family, employment, or property ownership, as well as any international connections that could make it easier for you to leave the country.

The risk of reoffending is another key consideration. If the court has reason to believe that you may continue illegal activities while on bail, this could negatively impact the decision. This concern is particularly relevant in drug-related cases, where ongoing criminal activity could pose a risk to the community.

If bail is granted, it is often subject to specific conditions designed to mitigate these risks. Common bail conditions include surrendering your passport to prevent international travel, adhering to a curfew, or regularly reporting to a police station.

Will I have to go to court if I am arrested or charged for the production of a controlled drug?

If you are charged with the production of a controlled drug, it is highly likely that you will need to attend court. The seriousness of this offence means that most cases are dealt with through the judicial system, and the court process is an essential part of resolving the charges against you. However, the specific circumstances of your case will determine how and where it is handled.

In less serious cases, such as those involving small quantities of drugs and evidence that the production was solely for personal use, the matter may be resolved in a Magistrates’ Court. Magistrates’ Courts typically handle minor offences and have limited sentencing powers. These cases are often concluded more quickly and may not require a full trial. However, if the charges involve more serious allegations – such as large-scale drug production, evidence of intent to supply, or involvement in organised criminal activity – the case is likely to be escalated to the Crown Court. The Crown Court deals with more severe offences and has the authority to impose harsher penalties, including lengthy custodial sentences.

Will I go to jail if found guilty for the production of a controlled drug?

The likelihood of imprisonment depends on several factors, including the type of drug involved, the scale of the operation, and your role in the production. Controlled drugs are categorised into three classes, and the seriousness of each affects the likelihood of imprisonment as a punishment:

  • Class A: Includes drugs like heroin and cocaine, which carry the most severe penalties.
  • Class B: Includes cannabis and amphetamines, which carry less severe penalties than Class A drugs.
  • Class C: Includes drugs like anabolic steroids, which carry the least severe penalties.

Other factors influencing sentencing include:

  • Scale of production: Large-scale operations or those involving commercial intent are more likely to result in custodial sentences.
  • Role in the offence: A leading role in the production process will attract harsher penalties than a minor or peripheral role.
  • Previous convictions: A history of similar offences can lead to a more severe sentence.
  • Mitigating factors: First-time offenders, evidence of personal use, or cooperation with authorities may result in a more lenient sentence.

Can I get Legal Aid for the production of a controlled drug?

Legal Aid ensures that individuals who cannot afford a solicitor still have access to a fair trial. Eligibility depends on:

  • Means test: Your financial situation, including income and savings, will be assessed.
  • Merits test: The seriousness of the offence and the likelihood of a custodial sentence are considered.

Note that being in receipt of certain benefits may automatically qualify you for Legal Aid.

Where to get more help

Facing charges for the production of a controlled drug can be overwhelming, but you do not have to face it alone. Seeking expert legal advice at the earliest opportunity can significantly impact the outcome of your case. Indeed, a knowledgeable solicitor can provide the guidance and representation needed to defend your rights effectively. If you or someone you know is facing criminal charges, don’t hesitate to contact Stuart Miller Solicitors for dedicated support and a free consultation.

OUR COMMITMENTS TO YOU:

  • Responsive

    A legal expert will consult you within 24 hours of making an enquiry.

  • Empathetic

    We will always treat you with trust, understanding and respect.

  • Specialised

    Your case will be handled by an expert who specialises in your type of offence.

  • Proactive

    We will take early action to end proceedings as soon as it is practically and legally possible to do so.

  • Engaged

    You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.

  • Caring

    We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.

  • Tenacious

    We will never give up on your case. We fight tirelessly to get you the best possible outcome.

Google Rating
4.6
Based on 365 reviews
×
js_loader

Further Reading

Emergency?

Call 24 hours a day, 7 days a week.