Drug charges under the Misuse of Drugs Act 1971 range from simple personal possession to large-scale supply operations. The consequences — including custodial sentences, community payback orders, and a permanent criminal record — can be life-changing. Whatever the circumstances of your case, having specialist criminal defence representation from the earliest possible stage is essential. We provide 24-hour emergency representation at police stations and courts across the West and Central Belt of Scotland.
Possession of a Controlled Drug
Under section 5 of the Misuse of Drugs Act 1971, it is an offence to be in possession of a controlled drug without lawful authority. The Crown must prove you knowingly possessed the drug. Class A possession (heroin, cocaine, MDMA) carries up to 7 years in the High Court. Class B (cannabis, ketamine, amphetamine) carries up to 5 years. Class C carries up to 2 years. We challenge the circumstances of discovery, the lawfulness of any police search, and whether you had genuine knowledge of the drug's nature.
Supply & Being Concerned in Supply
Section 4 of the Misuse of Drugs Act 1971 creates offences of supplying a controlled drug and being concerned in the supply of a controlled drug. The 'being concerned' allegation under s.4(3)(b) is particularly broad and can catch individuals who played a minor or peripheral role. Class A supply carries a maximum of life imprisonment. We scrutinise evidence of alleged supply, challenge quantity assumptions used to infer intent to supply, and develop detailed mitigation arguments around your specific role and personal circumstances.
Potential Penalties
Sentencing for drug offences depends on the drug class, quantity, and your role in any alleged supply chain. Possession of a Class A drug carries up to 7 years' imprisonment; supply of a Class A drug carries up to life imprisonment. Courts take account of previous convictions, your role in any supply chain, co-operation with authorities, and evidence of addiction. We prepare thorough personal mitigation and engage addiction specialists and social workers where appropriate to secure the best possible outcome.
How We Defend Drug Charges
Our drug defence strategy begins with a thorough review of how evidence was obtained. We challenge the legality of police searches under the Criminal Procedure (Scotland) Act 1995. We scrutinise forensic lab certificates, continuity of evidence, and the chain of custody. Where quantity is used to infer intent to supply, we challenge the Crown's interpretation. Where addiction is a factor, we work with CAAS and other support agencies to build a credible rehabilitation narrative. Early intervention — before the case calls in court — can be decisive.
