When can you be prosecuted for conspiracy to commit a drugs offence?
Generally, you may be prosecuted for conspiracy to commit a drugs offence if the police or another agency can show evidence that appears to suggest that you were involved in planning any action that led or could have led to a drugs offence being committed.
The definition of what it means to be involved in a conspiracy is open to interpretation, meaning it is not uncommon for people to get caught up in a drug conspiracy charge simply for “being in the wrong place at the wrong time”.
How is conspiracy to supply class A drugs proved?
Merely being involved in planning to supply drugs can lead to a criminal conviction. Therefore, the defendant does not need to be found with drugs on their person to be convicted. Instead, conspiracy to supply can be proved through actions and circumstantial evidence, such as:
- The controlled substances
- Drug paraphernalia, e.g. scales, cutting agents, bags, etc.
- CCTV evidence
- Witnesses
- Contact details of customers
- Significant amounts of cash
- Evidence of an extravagant lifestyle, e.g. designer items, expensive cars, etc.
What drugs are class A in the UK?
Currently, the following drugs are considered class A in the UK:
- Crack cocaine
- Cocaine
- Ecstasy (MDMA)
- Heroin
- LSD
- Magic mushrooms
- Methadone
- Methamphetamine (crystal meth)
What sentence will I receive for Conspiracy to Supply Class A drugs?
There are general sentencing guidelines for conspiracy to supply class A drugs, but the exact sentence you receive will depend on the specifics of your case, anything you choose to plead guilty to and/or what can be proven beyond reasonable doubt by the prosecution.
What are the conspiracy to supply class A drugs sentencing guidelines?
The sentence you can receive for conspiracy to supply class A drugs will depend on the circumstances and whether proceedings take place in the Magistrates’ Court or Crown Court.
In Magistrates’ Court, the maximum sentence for conspiracy to supply class A drugs can include either or both:
- A fine of up to £5,000
- Up to 6 months’ imprisonment
In Crown Court, the maximum sentence for conspiracy to supply class A drugs can include either or both:
- An unlimited fine
- A prison sentence up to and including life imprisonment
Also, according to the conspiracy to supply class A drugs sentencing guidelines, you may be subject to a Restraint Order, severely restricting your access to your assets and could face Confiscation Proceedings to recover the proceeds of any criminal offences you have been involved in.
What factors can affect a sentence for conspiracy to supply class A drugs?
If you choose to plead guilty or are found guilty of conspiracy to supply class A drugs, your sentence will depend on a number of factors, including:
- Whether you plead guilty and, if so, at what stage of proceedings
- Your role within the conspiracy
- The scale of the offence involved in the conspiracy, e.g. the quantity and value of drugs involved
- Any previous convictions on your record
- The length of time over which any offences were committed
- Your awareness/understanding of the conspiracy
- Whether you took part due to pressure, intimidation or coercion
Our drug conspiracy solicitors have the skills and knowledge to ensure all relevant factors are taken into account to help you achieve the lightest penalties possible when you plead guilty or are found guilty of conspiracy to supply class A drugs.
What is the minimum sentence for conspiracy to supply class A drugs in the UK?
When it comes to the sentencing guidelines for conspiracy to supply Class A drugs in the UK, there are different categories that will be taken into consideration, and this will depend on the factors of your case and the part you played. The Sentencing Council has created a table providing the following information in terms of roles and their likely minimum sentence:
All of these categories are referred to in the specific sentencing guidelines laid out by the sentencing council, as well as the sentences for Class B and Class C drugs.
Conspiracy to supply class A drugs case study
In late 2016, we successfully defended one of three co-defendants in relation to charges of conspiracy to supply class A drugs and money laundering at trial in Newcastle Crown Court.
Our client was implicated in the conspiracy after paperwork relating to him was found at a property where a large quantity of class A drugs and drug dealing paraphernalia were seized by police. It was also alleged that our client was involved in laundering drug money through a car wash business.
Through meticulous preparation and investigation on the part of our drug conspiracy solicitors with the assistance of an independent financial expert, our client was acquitted of all offences at trial.
Read more.
How to fund your defence against conspiracy to supply class A drugs charges
Police station representation
If you are arrested by police, customs or the National Crime Agency (NCA), you are entitled to free legal advice at a police station or other place of detention. This also applies if you voluntarily attend an interview under caution. This legal advice is available to everyone and is not means tested – you can either use the duty solicitor at the police station or choose your own representation.
We recommend using our specialist drug conspiracy solicitors from the outset to ensure your case is handled in the most effective way and that you can have the best possible defence.
Legal aid for court proceedings
If you are undergoing a conspiracy to supply class A drugs charge and are due to be prosecuted in a Magistrates’ Court, you can apply for legal aid (known as a Representation Order) from the Criminal Defence Service. To qualify, you will need to pass a means test to show that you cannot afford your own defence and a merit test to prove that you require a legal defence in the Interests of Justice.
If you are facing Crown Court proceedings, a means test will be used to determine how much you will need to contribute to the cost of your defence. If you are found not guilty, any payments you make will be refunded with interest.
Find out more about funding your legal defence.
Private funding
We are also able to offer representation at police stations and at courts throughout the country by one of the partners or senior associates at Conspiracy Solicitor at an agreed fee. Our private fees can be discussed with you and will be the subject of VAT at the prevailing rate.
We are able to provide private representation to you and our senior lawyers are often available out of normal business hours to discuss your concerns and worries, to plan your defence and to guide you through the process.
For further information, please call us as soon as possible on 0333 009 5968 for standard enquiries during office hours, or WhatsApp on 07535 215140 for 24/7 emergency support.
Why choose Conspiracy Solicitor for your case?
Conspiracy Solicitor is a trading style of Bird and Co Solicitors LLP, a firm that has been established in the East Midlands for over 30 years and works with clients across England and Wales.
Our dedicated criminal defence team, led by Senior Partner Christopher Milligan, has over 200 years of combined experience, including extensive work on conspiracy to supply class A drugs cases.
We are accredited by the Law Society for Criminal Litigation, recognising our expertise in all areas of criminal prosecutions.
We provide an honest, straightforward approach designed to give you the strongest possible legal defence while ensuring you are clear about the details and progress of your case and your legal options at all times. With our experience and expertise, we can find the right strategy to secure you the best possible result, no matter what your circumstances.
How to transfer your case to Conspiracy Solicitor
When dealing with complex and highly serious charges, such as those related to conspiracy to supply drugs, having the right legal support is essential. In our experience, clients facing these types of charges will generally benefit significantly from legal representatives who have specific expertise in this area.
If you have not yet been charged or granted a “Representation Order” (i.e. legal aid) to cover the cost of a lawyer, it is relatively simple to have us represent you.
However, if you have already been granted legal aid, you will usually only be able to transfer to us under exceptional circumstances, such as:
- If your current solicitor has to withdraw from the case for professional reasons, e.g. a conflict of interest or personal reasons, e.g. illness.
- Your relationship with your existing legal team can be shown to have completely broken down, e.g. if it can be demonstrated that your solicitor has previously given you wrong advice that hurt your interests.
- If there is another “substantial compelling” reason – but this will be entirely up to the judge and is generally a hard condition to meet.
Find out more about transferring your case to Conspiracy Solicitors.
Contact Conspiracy Solicitor now
For immediate expert legal representation from our team of specialist criminal defence solicitors and dedicated criminal conspiracy defence lawyers, use our simple contact form to request a call back or contact us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
- WhatsApp 07535 215140 – for 24/7 emergency support including police station representation
