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The substance was a controlled drug

The defendant knowingly had possession or control

Proof beyond reasonable doubt

The Law


Relevant Legislation:

  • Misuse of Drugs Act 1971

Maximum Penalties:

  • Class A drugs: up to 7 years’ imprisonment, unlimited fine

  • Class B drugs: up to 5 years’ imprisonment, unlimited fine

  • Class C drugs: up to 2 years’ imprisonment, unlimited fine

Key Legal Definitions:

  • Possession: having control over a controlled substance

  • Knowledge: awareness of the substance and its illegal nature

Possession of Drugs

Possession of drugs involves having illegal substances in your control, whether for personal use or distribution.
These cases often arise from police searches, stop-and-searches, or vehicle checks. Early legal advice is essential to minimise legal consequences and protect your rights.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Immediate legal advice at police stations

  • Thorough review of evidence and search procedures

  • Challenge identification, classification, and intent

  • Strategic defence planning for court hearings

  • Expert representation in Magistrates’ or Crown Court

Common Evidence Used in These Cases

  • Drugs recovered during searches

  • Witness statements or surveillance evidence

  • Forensic testing confirming the substance type

  • Packaging or paraphernalia suggesting possession

Common Problems in Prosecution Cases

  • Improper stop-and-search or arrest procedures

  • Misidentification of substances

  • Inaccurate forensic testing

  • Failure to follow disclosure requirements under CPIA

  • Ambiguity in establishing possession

Potential Defences

  • Lack of knowledge of the substance

  • No control or access to the drugs

  • Police procedural errors during search or seizure

  • Contamination or mistaken possession

Sentencing and Possible Outcomes

  • Sentences vary depending on class, quantity, and intent

  • Mitigating factors: no prior convictions, small quantity for personal use

  • Community orders or suspended sentences may be possible for minor cases

  • Custodial sentences likely for Class A drugs or large quantities

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our team of lawyers have extensive 25+ years experience in all aspects of Criminal Defence and Family Law matters.

Success Rate


We are proud of our strong record in achieving favourable outcomes across London, Birmingham, Manchester, and the wider UK, from serious criminal cases to sensitive family law matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Get Legal Advice in Minutes

Speak to a Defence Solicitor Now

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