Criminal Law
Drug Offences Barristers
Advice and representation on possession, possession with intent to supply, supply, cannabis cultivation and importation charges under the Misuse of Drugs Act 1971.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Most drug charges in England and Wales are brought under the Misuse of Drugs Act 1971. The main offences are simple possession under section 5(2), possession with intent to supply under section 5(3), supplying or being concerned in supply under section 4(3), production under section 4(2), which includes growing cannabis, and permitting premises to be used for drug activity under section 8. Bringing drugs into the country is usually charged as fraudulent evasion of the prohibition under section 170 of the Customs and Excise Management Act 1979. The class of the drug (A, B or C) affects the maximum penalty and the seriousness with which the court treats the case.
Possession needs more than proximity. The prosecution must prove you had the drug in your control and knew you had something, and section 28 of the 1971 Act gives a defence where you neither knew nor suspected, nor had reason to suspect, the facts the prosecution relies on. In supply cases the dispute is often about intent rather than possession: whether a quantity was for personal use or for others. That argument is fought over the weight and purity of the drugs, how they were packaged, cash found, scales and bags, and above all mobile phone downloads. Police drug expert evidence on the meaning of messages and the value of drugs is frequently open to challenge, and in some cases the defence instructs its own expert.
Two issues come up again and again in more serious cases. In county lines and conspiracy cases the court looks closely at your role, whether leading, significant or lesser, which the Sentencing Council's drug offences guideline uses alongside the quantity involved to set the starting point. Where a young or vulnerable person was exploited, a defence under section 45 of the Modern Slavery Act 2015 may be available, and a referral into the National Referral Mechanism can be relevant to whether a prosecution should continue at all. Separately, a conviction for a trafficking offence can lead to confiscation proceedings under the Proceeds of Crime Act 2002, which follow sentence and can be as consequential as the sentence itself.
On funding and Direct Access, be clear-eyed. If you are arrested, the duty Solicitor is free at the police station. Criminal legal aid is available through Solicitors, subject to the means and interests of justice tests, and a Direct Access Barrister cannot act under legal aid. Direct Access suits private clients with a contained case, such as a possession charge, a small cultivation case or a sentencing hearing. Large supply conspiracies with telephone attribution, cell site evidence and many co-defendants generate volumes of disclosure that usually need a Solicitor to manage, and under the Bar Standards Board's public access rules your Barrister will tell you if that applies.
What Drug Offences Barristers Do
Evidence Challenges
Your Barrister can test:
- Whether you knew of and controlled the drugs
- Personal use versus intent to supply
- Phone downloads and attribution of numbers
- Police drug expert opinions on messages
- Weight, purity and valuation evidence
- The lawfulness of the stop and search
Specialist Defences and Issues
Advice on:
- The section 28 lack of knowledge defence
- Modern slavery defences in county lines cases
- Your role under the drug offences guideline
- Cannabis cultivation scale and purpose
- Medical cannabis and prescription questions
- Basis of plea where you dispute quantity or role
Drafting and Applications
Your Barrister can prepare:
- Defence statements on knowledge or intent
- Requests for disclosure of phone extractions
- Instructions to an independent drugs expert
- Written basis of plea
- Representations on Proceeds of Crime confiscation
- Mitigation for sentence
Your Barrister drafts these documents. You serve them on the court and the prosecution yourself.
What You Handle
With Direct Access you:
- Obtain the prosecution papers and exhibits list
- Provide context for messages on your phone
- Gather evidence of income and legitimate cash
- Obtain medical evidence of any dependency
- Arrange drug treatment or testing if advised
- Handle correspondence with the court and CPS
How Direct Access Works
- 1
Arrest and Interview
Take the free duty Solicitor at the police station. What you say, or do not say, about the drugs, the cash and your phone in interview can matter later, particularly if you rely on a fact at trial you did not mention.
- 2
Release or Charge
Drug cases often go on release under investigation while phones are downloaded and drugs are tested. Once charged, the first hearing comes quickly, so your Barrister should see the initial evidence before you indicate a plea.
- 3
Analysis of the Evidence
Your Barrister reviews the forensic report, packaging and any phone material, and advises whether the intent or role alleged is supported, and whether an independent expert or a modern slavery referral is worth pursuing.
- 4
Plea or Basis of Plea
If you accept possession but not supply, or accept supply but not the role alleged, your Barrister can negotiate an alternative plea or a written basis. If the prosecution disputes it, the court may hold a Newton hearing.
- 5
Trial or Sentence
At trial your Barrister challenges knowledge, intent and expert interpretation. At sentence the court applies the Sentencing Council drug offences guideline, considering role, quantity and any mitigation, including steps taken to address addiction.
- 6
Confiscation
After a trafficking conviction, the prosecution may begin confiscation proceedings. Your Barrister advises on the statutory assumptions, your benefit figure and the amount actually available, which you evidence with financial records.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
The drugs were for my own use. Why am I charged with intent to supply?
The police may infer supply from the quantity, the way the drugs were divided, cash, scales, deal bags or messages on your phone. None of those is conclusive on its own. Your Barrister can test whether the evidence actually shows intent to supply, and may obtain independent evidence about typical personal use quantities and patterns.
The drugs were found in a shared house or car. Am I responsible?
Only if the prosecution can prove you had control over them and knew they were there. Being in the same room or vehicle is not enough on its own. Fingerprints, DNA, where the drugs were found, and who had access to that space are all relevant, and section 28 provides a specific defence where you did not know or suspect what you were carrying.
Is supplying drugs to friends treated as supply?
Yes. Sharing or passing drugs to others can be supply in law even if no money changed hands. However, the absence of any real financial gain is relevant to role under the Sentencing Council guideline, where a lesser role includes an expectation of limited, if any, financial or other advantage, and that can make a real difference to sentence.
I was forced into carrying drugs. Is that a defence?
It can be. Section 45 of the Modern Slavery Act 2015 provides a defence for people compelled to commit offences as a result of slavery or exploitation, with a separate test for under 18s. A positive decision through the National Referral Mechanism can support this and may lead the CPS to review whether a prosecution is in the public interest. Duress may also be relevant in some cases.
Is there a minimum sentence for drug offences?
For a third Class A trafficking offence committed by an adult, section 313 of the Sentencing Act 2020 requires a minimum of seven years' custody unless exceptional circumstances justify not imposing it. Otherwise sentence is set by the Sentencing Council drug offences guideline, according to role, the quantity or scale and any aggravating or mitigating features.
What is a Proceeds of Crime confiscation order?
After conviction for certain offences, the Crown Court can calculate your benefit from crime and order you to pay an amount up to what is available to you. For drug trafficking, statutory assumptions can treat assets and spending over a period as criminal benefit unless you show otherwise. Failing to pay can lead to a default prison term, so these proceedings need careful preparation.
Can a Direct Access Barrister defend a drugs charge?
Yes, where the case suits it and you are paying privately. Possession and smaller cultivation cases are often well suited. Large conspiracies usually need a Solicitor for disclosure and phone work, and your Barrister will advise frankly. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Challenge the Evidence on Intent and Role
Speak to a criminal Barrister about phone evidence, expert opinion and your plea before your first hearing.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.