Possession of Class A Drugs First Offence - What You Need To Know

Key Takeaways:

• Possession of Class A drugs as a first-time offence in the UK is serious and can lead to penalties such as imprisonment, fines, or community orders.
• First-time offenders may face a reduced sentence, but mitigating and aggravating factors, such as drug quantity, proximity to schools, and previous offences, play a significant role in sentencing.
• The maximum sentence for possession of Class A drugs is 7 years in prison, but in practice, fines or rehabilitation programmes are more common for first-time offenders.
• Legal defences such as lack of knowledge, duress, or prescription drug use may help reduce or dismiss charges.
• Intent to supply, a more severe charge, is based on factors like drug quantity, witness evidence, or uncut drugs and carries a potential sentence of up to 16 years in prison.
• Seeking immediate legal advice from an experienced solicitor is essential to navigate the legal process and minimise potential penalties.

If you have been caught in possession of class A drugs, you are probably worried about the consequences you may be facing. You may also be anxious about the consequences this could have on your family as well.

Possession of class A drugs first offence crimes are severe and often result in heavy penalties. However, by working with a reputable drug defence solicitor, you may be able to dramatically reduce your sentence and punishment.

In this article we're going to tell you what to expect when facing a first offence of possession of class A drugs. Read on to find out about sentencing for possession of class A drugs and how a criminal defence solicitor can build your case and help to reduence your sentencing.

What Constitutes Possession of Class A Drugs?

If this is your first drug offence, or if you want to find out more about UK drug laws and class A substances then take a look below.

If you are caught with a controlled substance in your possession, for example, if it’s in your pocket, backpack or anywhere else similar then you will be arrested and charged with possession of class A drugs.

UK drug schedules regarding controlled substances state that you may be served with 7 years in prison, an unlimited fine or in some instances, both. It’s important to know that you can still be charged with possession of drugs, even if you did not know that you had them on your person.

Examples of Class A Drugs

Some examples of class A drugs include:

• Cocaine
• Heroin
• Ecstasy
• LSD
• Crystal meth
• Magic mushrooms

You can be charged with possession if you have drugs on your land, in your personal property, in your vehicle or on your person. There is also a difference between possession for personal use and possession with intent to supply. Possession with intent to supply often applies if you have a large number of drugs on your person.

Legal Consequences of a First Offence for Class A Drug Possession

The maximum sentence for possession of class A drugs in the UK is 7 years in prison. In practice, if you are a first-time offender then it’s not likely that you will face this much time. The starting point would be a Band C fine. This is a fine that is 150% of the income you receive, weekly. The court, when calculating your sentence, will consider mitigating and aggravating factors that could be relevant to your case.

Previous convictions, if they are drug-related will serve as aggravating factors. If you committed the offence while on bail for another crime then this will also serve as an aggravating factor. Other factors include if you had the drug near a school, or while you were with children.

Some factors will reduce the length of your sentence. They include if you are suffering from any kind of mental illness or if you have a dependent relative that you are taking care of. If you show that you regret your actions, or are remorseful then this will work in your favour.

The court will also look at what caused you to pursue drugs in the first place such as if you have a medical condition. This could include depression, ADHD or if you have recently lost someone close to you, and behaved irrationally as the result of grieving.

Although these situations tend to vary in severity and are very situational, they are taken into account. The court is empowered to reduce your sentence if you acknowledge that you are guilty. This isn’t a hard and fast rule, but most of the time, if you plead guilty then you will have a greater reduction in your sentence.

Finally, the court will consider whether your sentence reduction is needed to acknowledge any time you might have spent on bail. This only comes into account if you have an electronic monitoring condition or if you have a curfew. Some of the potential punishments you may face include fines, community service or a custodial sentence.

Do First-Time Offenders Go to Jail in the UK?

Jail for first-time drug possession isn’t that common. UK sentencing guidelines tend to hand out a lesser punishment if someone is a first-time offender. You may also face things like rehabilitation, fines or a warning. These are just some of the alternative punishments for drug offences, and again, a lot of it is situational.

You may receive a conditional discharge or an absolute discharge from the court too. An absolute discharge is when you do not receive punishment for your actions, and conditional means you will also not receive punishment, but only if you are not prosecuted for another crime within the next 18 months.

The likelihood of having a custodial, vs. a non-custodial sentence will depend on several factors. They include how serious your offence was, the history you have and whether you committed the offence near a school, or children.

Factors Influencing Sentencing for a First Offence

If you are a first-time offender, then it helps to understand the mitigating factors of UK drug sentencing laws. Drug sentencing guidelines UK state that the age of the offender and any previous criminal convictions should be taken into account.

If you have been arrested multiple times in the past but never convicted then this will be an aggravating factor against you. If you have never been arrested or been in trouble with the law, then this would be a mitigating factor, for example.

Other things that will be taken into account for your drug offence include how many drugs you had in your possession. This is a good indicator of whether or not you are being charged with possession or possession with intent to supply. Even if you are being charged with possession, having a larger amount of drugs on you will result in a steeper sentence than having a very small amount.

Legal Defences for Possession of Class A Drugs

There are some very specific legal defences you can use if you are found to be in possession of class-A drugs. Some of them include not being aware of your actions when you committed the offence, or being under duress. Insanity and intoxication are also factors that you can use to define yourself if they apply.

In some instances, you can even say that it was a mistake. The implication of this is that the offence would not have been committed otherwise. Lastly, self-dense is also considered. It may be that you took possession of the drugs because you were trying to defend yourself, or that you were concerned about your property.

There are a few rules that you need to follow here, such as with intoxication. You can only claim you were intoxicated if you were drugged or intoxicated without knowledge. If you voluntarily got drunk, then this is not an excuse in terms of defence for drug charges in the UK.

In some instances, you can claim that the drugs were planted, and you can claim for prescription drug defences. Your drug charge solicitor will help you to navigate these situations, and they will also be able to talk you through all of the legal defences drug possession UK.

Possession with Intent to Supply - First Offence

Intent to supply is a more serious offence. It may be supported with direct evidence, such as witnesses or even by surveillance. It is also possible for you to possess a quantity of drugs that does not align with personal use. Lastly, another indicator of intent to supply is if the drugs are uncut.

Evidence like this can be used to hold up the case in court. If you have possession with intent to supply class A, then you may be given a community order. You may also however face up to 16 years in prison. As you can see, the sentencing guidelines vary quite a lot, as mitigating and aggravating factors are usually taken into account when assessing your case.

What Happens if You Are Caught with Class A Drugs in the UK?

If you are caught with class-A drugs in the UK, then police will probably arrest you immediately. They will confiscate any drugs that you may have and they will also test them, to find out what it is they are dealing with.

At this point, you will be taken to the police station. You will be booked, and you will also be given the chance to call someone to inform them of your arrest. A police officer will tell you that you have the right to seek legal advice, and if you have a solicitor, they will ask if you want them to be present.

If you don’t think that your offence is serious, or if you believe that there has been a mistake then you may be tempted to say no here, but you shouldn’t. Hiring a solicitor is imperative, as they can advise you on when you should remain silent, and when to speak so you can steer your case in your favour.

After the interview, you will be given a charge. You may be cautioned, given charges, handed a court appearance or acquitted. If you have a class A substance, this is a serious offence and will be taken to trial. You’ll appear before the Magistrates’ Court, or Crown Court, depending on how severe the offence is.

Alternative Punishments for First-Time Offenders

There are alternative punishments that you may face as a first-time drug offender. This includes a fine or a drug rehabilitation program. This may be offered if you have a serious drug addiction, are responsible for dependents or are an upstanding member of the community.

If you have a lot of mitigating factors, you’re more likely to be offered options like this. Drug diversion programs and conditional cautions may also be offered. Drug fines UK vary in severity, with the total charge usually related to the crime, drugs in possession and history.

Common Questions:

What are Class A drugs?

Class A drugs include but are not limited to: cocaine, heroin, ecstasy, LSD, crystal meth and magic mushrooms.

What is possession with intent to supply (PWITS)?

Possession with intent to supply (PWITS) refers to a situation where an individual is found in possession of a controlled substance, with the prosecution arguing that the person intended to distribute or sell the drugs.

This is a far more serious charge than simple possession, which applies to those caught with drugs for personal use only. PWITS may apply when the quantity of drugs found is beyond what could reasonably be for personal use, or if there are other indications of drug distribution, such as having multiple mobile phones, drug paraphernalia like scales, baggies, or large sums of unexplained cash.

The prosecution doesn’t have to prove that a sale or supply occurred, only that there was intent. PWITS is a serious offence under the Misuse of Drugs Act 1971 and can result in lengthy prison sentences, particularly when Class A drugs are involved, even for first-time offenders.

How is intent to supply proven?

Intent to supply is typically proven through both direct and circumstantial evidence. Prosecutors will look for a range of indicators that show you were involved in drug distribution. This can include:

• CCTV footage: If you're captured on camera engaging in suspicious activities such as meeting people in locations known for drug transactions, this footage can be used to suggest you were dealing drugs.
• Text messages and call logs: Drug dealing often involves communication with buyers or suppliers, and the prosecution may use phone records or text messages that discuss drug sales as evidence of intent to supply.
• Witness statements: People who observed your behaviour, such as police officers or members of the public, may testify about actions that suggest drug dealing, such as multiple hand-to-hand exchanges or frequent visitors to your home.
• Drug paraphernalia: Scales, baggies, and other items used for packaging and distributing drugs can all serve as strong evidence that you were involved in supply.
• Financial records: Unexplained wealth or a lifestyle inconsistent with your reported income can suggest you were making money from drug sales.
• Uncut drugs: If the drugs found on you are in a pure, uncut state, this is often used as evidence of intent to supply because large quantities of uncut drugs are rarely for personal use and are more likely to be intended for distribution.

Intent to supply doesn’t necessarily rely on one piece of evidence. Instead, it's often a combination of factors that collectively suggest you were engaged in drug dealing.

How much drugs amount to an offence of possession with intent to supply?

There is no fixed legal minimum amount of drugs that automatically triggers a PWITS charge. Instead, the amount found is just one of many factors considered by the prosecution in deciding whether to pursue this more serious offence.

For example, even small amounts can lead to a PWITS charge if other evidence suggests distribution, such as drug paraphernalia or communications regarding drug sales.

However, larger amounts of drugs are more likely to result in a PWITS charge because they exceed what is typically considered for personal use. For example, possessing more than a few grams of heroin or cocaine, or multiple ecstasy tablets, can lead to the presumption of intent to supply.

The specific threshold varies depending on the type of drug and other circumstances of the case, but even small amounts combined with other evidence can lead to a PWITS charge.

How long do you go to jail for possession with intent to supply Class A drugs?

The sentencing for possession with intent to supply Class A drugs is severe, with penalties reflecting the serious nature of the offence. For Class A drugs (such as heroin, cocaine, or ecstasy), the maximum sentence is life imprisonment, though this is usually reserved for large-scale trafficking cases or cases with significant aggravating factors.

In practice, a first-time offender found guilty of a less severe PWITS charge might face a sentence ranging from 3 to 7 years in prison. However, if there are aggravating circumstances, such as involvement in organised crime or distributing drugs near a school, the sentence could be extended beyond 7 years.

The court will also consider the quantity of drugs involved, the role of the defendant in the operation (whether they were a key player or a minor participant), and any prior criminal history.

What is the minimum sentence for possession with intent to supply Class A drugs?

For a first-time offender, the minimum sentence for possession with intent to supply Class A drugs can vary greatly depending on the specifics of the case. The starting point for less severe cases may be a high-level community order rather than immediate imprisonment. This could involve community service, drug rehabilitation, and regular meetings with probation officers.

However, for more serious offences, even for first-time offenders, the minimum custodial sentence is typically around 3 years. Courts take into account mitigating factors, such as personal circumstances, expressions of remorse, and cooperation with law enforcement, which can reduce the severity of the sentence.

Do cases of intent to supply Class A as a first offence get tried in the Magistrates’ or Crown Court?

Cases involving possession with intent to supply Class A drugs are generally classified as either-way offences, meaning they can be tried in either the Magistrates' Court or the Crown Court, depending on the severity of the case.

For less severe cases, such as those involving small quantities of drugs or first-time offenders, the case may be tried in the Magistrates' Court, where the maximum sentence is 12 months in custody. If the offence is deemed serious, such as involvement in larger drug operations or the presence of aggravating factors, the case will be escalated to the Crown Court, which has the power to impose more severe sentences, including life imprisonment for the most serious cases.

Does being a first-time offender act as a defence in cases like this?

Being a first-time offender does not act as a complete defence to a charge of possession with intent to supply. However, it is often treated as a mitigating factor during sentencing. Courts will generally impose a lighter sentence for first-time offenders compared to those with previous convictions, especially if the offender demonstrates remorse, cooperation, and a willingness to address any underlying issues, such as addiction.

While being a first-time offender can result in a reduced sentence, it does not guarantee that you will avoid a conviction or a custodial sentence. The seriousness of the offence, the quantity of drugs, and other circumstances will all influence the final outcome.

What should you do if you are facing allegations of possession with intent to supply as a first offence in the UK?

If you are facing allegations of possession with intent to supply (PWITS) as a first offence in the UK, the most crucial step is to seek immediate legal representation from an experienced drug defence solicitor.

Drug laws in the UK are complex, and the consequences of a conviction can be severe, including lengthy prison sentences. Our skilled solicitor can review the evidence against you, identify any weaknesses in the prosecution’s case, and advise you on the best legal strategy.

This may involve negotiating a plea deal, challenging the evidence, or presenting mitigating factors to reduce your sentence. It’s important to act quickly and follow your solicitor’s guidance to improve your chances of a favourable outcome.

How We Can Help

If you’re facing a possession of Class A drugs First Offence charge and need help, guidance, or representation - we can help. MMA Law are drug defence solicitors and we can help you lessen your potential sentence.

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Contact us to get legal help if you're facing possession of class A drugs first offence charges. We'll help build a defence, fight your case, and help you every step of the way.