For first-time offenders in the UK, being faced with a possession charge can be a scary and intimidating experience. Not only are there potential jail time and high fines involved, but it can also mean the loss of certain rights and privileges, such as the right to vote or even travel abroad.

Fortunately, understanding more about UK law can help those facing these charges have a better outcome. In this article, we will discuss what possession charges are, what they entail in terms of penalties and other consequences, as well as how first-time offenders may be able to get them dropped according to UK law.

The UK Drug Possession Offence

The UK Drug Possession Offence is a criminal offence under the Misuse of Drugs Act 1971. It is punishable by up to 7 years in prison and/or an unlimited fine. The offence is committed when a person is caught in possession of a controlled drug, including cannabis, cocaine, heroin, MDMA (ecstasy) and LSD (acid). The maximum sentence for possession of cannabis is 5 years in prison. For possession of other drugs, the maximum sentence is 7 years in prison.

The Penalties for Drug Possession in the UK

Possession of a Class A drug is punishable by up to 7 years in prison, an unlimited fine or both.

Possession of a Class B drug is punishable by up to 5 years in prison, an unlimited fine or both.

Possession of a Class C drug is punishable by up to 2 years in prison, an unlimited fine or both.

In the UK, possession of drugs is illegal and can result in severe penalties if convicted. The maximum sentence for possession of a Class A drug is 7 years imprisonment, an unlimited fine, or both. Class A drugs include heroin, cocaine, and ecstasy. Possession of a Class B drug can result in a maximum sentence of 5 years imprisonment, an unlimited fine, or both. Class B drugs include cannabis and amphetamines. Finally, possession of a Class C drug can result in a maximum sentence of 2 years imprisonment, an unlimited fine or both. Class C drugs include tranquillisers and steroids.

First Time Offenders and Drug Possession

If you have been charged with drug possession and it is your first offence, there are a few things that could happen. The court will look at the facts of your case and will decide if you should be given a caution or if the case should be sent to trial. If the court decides to give you a caution, this means that you will not have a criminal record. However, if the court decides to send your case to trial, you may be found guilty and have a criminal record.

The sentence that you receive will also depend on the facts of your case. If the court finds that you were in possession of a small amount of drugs for personal use, you may only be given a caution or a small fine. However, if the court finds that you were in possession of large amounts of drugs or drugs with intent to sell, you may be facing a prison sentence.

If this is your first offence, there are some things that you can do to try and avoid a conviction. You can attend drug education courses or treatment programmes which can show the court that you are willing to change your behaviour. You can also get character references from people who know you well which can speak to your good character despite this one mistake.

If you have been charged with drug possession, it is important to speak to a solicitor as soon as possible so that they can advise you on the best course of action for your case.

How to Get Possession Charges Dropped in the UK

If you have been charged with drug possession in the UK, there are a few things you can do to try and get the charges dropped. First, if you were not in possession of the drugs yourself but were merely present when they were found, you may be able to get the charges dropped by proving that you did not know the drugs were there. Second, if the police did not have a valid search warrant when they searched you and found the drugs, you may be able to get the charges dropped on those grounds. Finally, if you can prove that the drugs were for personal use and not for sale or distribution, you may be able to get the charges dropped or reduced to a lesser charge.

Alternatives to Getting Charges Dropped

There are a few alternatives to getting charges dropped, however they are not always successful. The first is to try and get the case thrown out of court by arguing that there is no case to answer. This can be done if there is insufficient evidence or if the prosecution has made a mistake in their case. However, this is often unsuccessful as the prosecution will usually have enough evidence to continue with the case.

The second alternative is to plead guilty to a lesser charge. This means that you admit that you committed the crime but argue that it was not as serious as the charge suggests. For example, if you are charged with possession of a Class A drug, you could plead guilty to possession of a Class B drug instead. This is often successful as it means that you avoid a more serious charge and sentence.

The third alternative is to go to trial and try and get acquitted (found not guilty). This is the most risky option as if you are found guilty then you will face the original charge and sentence. However, if you are found not guilty then all charges will be dropped and you will be free to go.

Mitigating circumstances

If you are facing a first time possession charge, there may be some mitigating circumstances that can help get the charges dropped. For example, if you were unaware that the substance was illegal, or if you were only in possession of a small amount for personal use, these could be grounds for getting the charges dropped. Additionally, if you have no prior criminal record and are willing to cooperate with authorities, this may also help your case. Speak to a lawyer to learn more about what mitigating circumstances may apply in your situation.

How is first time possession of cannabis classified in the UK?

In the UK, first time possession of cannabis is classified as a Class C drug. This means that it is not considered to be as serious as other drugs, such as heroin or cocaine. However, possession of cannabis can still lead to a criminal record.

What to do if you are accused of possessing drugs

If you are accused of possessing drugs, it is important to contact a solicitor as soon as possible. The solicitor will be able to advise you on your options and help you to prepare for your case.

If you are charged with drug possession, you will need to attend court. The sentence for drug possession can range from a caution to a prison sentence. If you are found guilty, the court will take into account the type of drug, the amount of drug found, and your personal circumstances when deciding on the sentence.

There are a number of options available to first time offenders which can result in the charges being dropped. These include undertaking a drug awareness course or entering into a Drug Rehabilitation Requirement (DRR). A DRR is a contract between the offender and the court which requires the offender to undertake treatment for their drug addiction and stay out of trouble for a period of time. If the offender successfully completes the DRR, the charges against them will be dropped.

How does the Prosecution prove ‘intent to supply’ ?

In order to be convicted of drug possession with intent to supply, the prosecution must prove that the defendant had both the drugs and the intention to supply them to someone else. The presence of drugs is typically proven through laboratory testing, while the intention to supply is usually inferred from circumstantial evidence such as the amount of drugs possessed, packaging materials, and cash found on the premises.

How can I defend a charge of possession with intent to supply?

If you are charged with possession of a controlled drug with intent to supply, the police will have to prove that you had the drug in your possession and that you intended to supply it. The best way to defend this charge is to show that you did not have the drug in your possession or that you did not intend to supply it.

If the police cannot prove that you had the drug in your possession, then they will not be able to charge you with possession with intent to supply. To defend this charge, you will need to show that there is another explanation for why the drug was in your possession. For example, if the drug was found in your house, you may be able to show that it belongs to someone else who lives there.

If the police cannot prove that you intended to supply the drug, then they will not be able to charge you with possession with intent to supply. To defend this charge, you will need to show that there is another explanation for why the drug was in your possession. For example, if you were carrying a small amount of drugs, you may be able to show that you were only carrying them for personal use and not for supply.

Will I be tried in the Magistrates’ Court or the Crown Court?

If you’re charged with a criminal offence, the police will send your case to either the magistrates’ court or the Crown Court, depending on the severity of the crime. The decision will be made based on:

– How serious the offence is
– Whether you have been charged with a similar offence before
– If there is enough evidence to convict you

If you’re tried in the magistrates’ court, you will only face a maximum sentence of six months in prison. However, if you’re tried in the Crown Court, you could face a much longer sentence.

Will I go to prison if convicted for possession with intent to supply?

If you’re convicted of possession with intent to supply, the sentence you get will depend on a number of factors, including:

• the type and quantity of drug involved

• your role in the offence (e.g. whether you were merely possessing the drugs or actively involved in selling them)

• your criminal history (if any)

In general, however, possession with intent to supply is treated as a serious offence and can result in a prison sentence. The maximum sentence for possession with intent to supply Class A drugs is 14 years imprisonment, while the maximum sentence for possession with intent to supply Class B or C drugs is 5 years imprisonment.

Can I appeal the Court’s decision?

If you’re not happy with the decision the court has made, you can appeal.

You must usually do this within 21 days of the original decision.

To start your appeal, you must fill in an ‘application for leave to appeal’ form and send it to the court that made the decision. The court will then decide whether or not to hear your appeal.

If your appeal is successful, the case will be reheard by a different judge or panel of judges.

Conclusion

Overall, the answer to this question depends on a number of factors. In some cases, it is possible for first time offenders to get possession charges dropped according to UK law if certain conditions are met. However, it is important for individuals facing such charges in the UK to consult with a lawyer as soon as possible who can provide more information and advice specific to their case.

26 December 2022