Drug offences are common across the UK, with police able to make arrests if they find you in possession of any Class A, B or C drug without valid reason. If you find yourself being arrested for drug possession, then you could find yourself facing up to a seven-year prison sentence and a hefty fine, depending on the class of the drug and the intent behind your possession of it.
Keep reading to learn more about your rights when it comes to being arrested for drug possession.
When is it Legal to Possess Drugs?
It is illegal to possess any Class A, B or C drugs, whether that’s to take the drugs yourself or supply it to another. With that said, there are some circumstances where you could rightfully and legally possess certain drugs.
This can include:
● You have a valid prescription requiring you to take a controlled drug for medical reasons (e.g. benzodiazepines to treat anxiety or codeine for pain relief)
● You are a medical professional in possession of a controlled drug to be supplied to someone who may lawfully possess it (e.g. a patient with a prescription) - a licence must be held for this
● If you can prove that if you took possession of a controlled drug for the purpose of handing it into the authorities as soon as possible
There is also the case of anabolic steroids. These are considered to be a Class C controlled substance under the
Misuse of Drugs Act 1971, although it’s not illegal to possess them. It is, however illegal to supply or possess anabolic steroids with the intent to supply without a licence to do so.
What are Your Rights?
If you’re arrested for drug possession, the police are allowed to search you under a Section 23 search. They are also legally required to advise you of your right to remain silent, and as such you do not have to answer any questions they ask should that be what you choose.
You may be taken to a police station for questioning, in which case you are allowed to request a lawyer be present. You also have the right to a phone call once your detainment has been processed and may also request for someone to be notified of your arrest.
Do You Have Grounds for a Defence?
There are several defences available if you have been charged with possession of a controlled substance. As previously stated, if you have genuinely taken possession of a drug with the intent to hand it into the authorities as soon as possible, then you must be able to prove this in your defence.
The most common type of defence, otherwise, is that you didn’t know, suspect or have reason to suspect that you had a controlled drug in your possession, or alternatively that you did not believe the substance in your possession was a controlled substance.
Deciding which defence is best to move forward with can be determined with the help of a
criminal defence lawyer, who will be an expert in this field.
Legal Representation for Drug Offences
Have you been charged with a
drug offence? Our experienced criminal law solicitors here at Lefevre Litigation can help.
Get in touch with us today to discuss your options and learn more about where you stand in the eyes of the law, along with how we can help.
