what to say when you go to court for possession of weed
What happens if I'm caught with drugs?
Doing drugs and getting caught are two completely dissimilar things. If the law stop you while you're packing some hard shit, you're gonna be in some hard shit. Information technology's non a position you lot wanna detect yourself in, but if y'all do you should exist informed. Here's the low-down on drugs and the law in the Uk.
This commodity is about the United Kingdom drug laws only.
Get some help
After you lot've been defenseless with drugs, you demand to get legal assistance – fast. If you can't afford a lawyer, await into whether you qualify for legal help . Release , a drugs police force charity, tin can also requite you skilful and detailed communication nigh your situation. They have a helpline number you tin call on 020 7324 2989, or email them at [email protected] . If y'all're nether the age of 16 when caught you're automatically eligible for legal representation, merely one time you're an developed – you lot're on your own.
If the police arrest you, give your name and address when asked. You lot should go a solicitor if yous have whatsoever further questions. Remember: you have a correct to free advisory council. Look at our your rights on arrest article for more information.
I want to know what'southward going to happen to me
We can't tell you exactly what'due south going to happen to you. Every drug example is different and the result will depend on a number of factors. These include what drug you were using, intent to distribute and a agglomeration of other stuff. That's why it's really of import to get professional person advice when going through a legal battle.
Just nosotros can tell you what might happen to you lot, based on our understanding of electric current drugs penalties. If yous want a rough idea, read on.
What counts as 'possession'?
If any corporeality of illegal drugs are constitute on you (similar in your pocket, your purse, or in your automobile) information technology counts as possession. It'due south important to mention that friends could try and stash stuff with you, then make sure you lot know how to say 'No' politely. Don't have this bullet for them.
I've been caught in possession of drugs
If you've been caught with drugs , and the police think they were only for you , then you're likely to face charges of possession. How serious this is depends initially on what class drug it was and other factors, such as the amount and whether you've got a previous prison sentence. The only affair that'due south mutual between all sentencing is an unlimited fine.
Generally, y'all'll accept to go to prison for a few weeks or months – harsh, but it does happen. The sentence is worse if you were caught with drugs near a schoolhouse or in prison. The maximum sentence for possession of a Class A drug is seven years in prison house and a fine. It's slightly less for lower classes.
It's worth mentioning that maximum sentences are very rarely given; they're just used equally guidelines. The court volition decide how serious the offence and sentence is, and you can get a lower judgement if y'all plead guilty early in the process.
In terms of legal highs, you lot won't get arrested for possession , but the police tin can take it from yous and destroy it. The laws on legal highs have actually been updated recently. In May 2016, the Psychoactive Substances Human action came into strength. This act doesn't replace the Misuse of Drugs Human action (1971) , simply information technology makes it an offence to produce or supply legal highs.
Caught with attempt to distribute
Things get much heavier if you lot're defenseless in possession with an attempt to distribute . If you had any intention of dealing (which can include giving and sharing drugs), you may be charged with a more serious offence. Decisions over whether you're charged with intent to supply are based on a load of circumstances. For example, where y'all were caught and the quantity of drugs you were caught with.
Your concluding judgement will also depend on what role yous played in distributing. So, if you were the mastermind behind the performance, yous're gonna be in for a WHILE (we're talking similar sixteen years maximum penalty).
Possession of Course A drugs, get-go offence
If it's only a minor corporeality for personal use and so y'all'll virtually likely get a formal circumspection. Although a circumspection isn't a confidence, information technology will stay on your criminal record forever . This means yous'll have to bring information technology up with EVERY boss you ever piece of work for, fun convo to break the water ice – right? You lot should besides know that each local area has a strategy for tackling drug related crime, and then they might exist on your arse equally well.
Even so, you could still be charged. If information technology's your first offence, the court may requite you lot an accented or conditional discharge. This means no jail time, merely a permanent criminal record. This'll probably exist significantly worse if you're defenseless with a bag full of coke . And if you're caught again later this, things just get even more serious .
"But what class is weed?" we hear you ask. "Will that get me in as much trouble?" It's worth mentioning that cannabis is a Class B drug and the law around information technology is a chip dissimilar; read our cannabis commodity here .
What if I've been caught with drugs before?
If this isn't your get-go offence, you tin sometimes get 'lucky' and simply get another caution ( PLEASE don't effort this to show your luck) . In reality, you'll probably be formally charged with possession – particularly if you lot were found with a big amount of drugs, or if you've been caught earlier recently .
What if I'm under 18?
The laws are a bit different if you're nether the age of 18. Here'south what you lot can look…
- If it's your starting time offence You'll usually be given a Youth Caution , which isn't a criminal conviction simply information technology'll stay on your record forever. Permit's merely say, the Home Office will have their eye on you lot.
- If it's not your offset time , you might go off with another circumspection. Although it's more than probable that you'll be charged and have to become to Youth Court . You'll probably get an absolute or provisional discharge, which doesn't include whatsoever punishment, but will requite yous a criminal record. If yous re-re-offend , things will go more than serious.
- In more than serious cases you could be sentenced to a referral order, which volition include regular meetings with a youth offending team and helping out in the customs. Prison is only a last (and rare) option for nether-18s. If your drug offence is really serious, y'all may go to a Youth Offender's Institution .
Source: https://www.themix.org.uk/drink-and-drugs/uk-drug-laws/if-caught-with-drugs-9584.html
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