Have you been charged with Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence?
You must consult an experienced criminal solicitor to help you deal with this criminal charge. They can assist you in understanding what it is you’ve been charged with, your options, and guide you through the legal process.
There may be some defences you can raise. Questions you and your lawyer should consider include: Can the prosecution make out their case? Which substances, materials, documents or equipment were you in possession of? Did they relate to trafficking in a drug of dependence? Did you act alone?
Please read below for more information in relation to this charge.
Elements of the offence
Section 71A of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
That the defendant intentionally trafficked or attempted to traffick in a particular substance;
That it was a drug of dependence that the accused intentionally trafficked or attempted to traffick. A drug of dependence is defined in Section 4 of the Drugs, Poisons and Controlled Substances Act 1981 and can include heroin, cannabis, cocaine, ecstasy, amphetamine, steroids, LSD, methamphetamines, ICE, ketamine etc.;
That the defendant possessed a substance, material, documents or equipment for the purposes of trafficking or preparing to traffick in a drug of dependence.
The maximum penalty
Level 5 imprisonment being 10 years.
Where will my case be heard?
Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence can be heard in the Magistrates’ Court or sometimes in the County Court.
What to do next?
Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence is an indictable offence. It could carry a term of imprisonment should you be convicted.
It is important that you contact an experienced drug offence lawyer immediately. Make sure you leave plenty of time to prepare thoroughly for your matter. Do not leave it to the last moment.
The legislation
S71A Possession of Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
(1) A person who, without being authorised by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to do so, possesses a substance, material, document containing instructions relating to the preparation, cultivation or manufacture of a drug of dependence or equipment with the intention of using the substance, material, document or equipment for the purpose of trafficking in a drug of dependence is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) Nothing in this section is limited by section 71C.
(3) Nothing in this section is limited by section 71D.
(4) Nothing in this section is limited by section 71E.
