Police station representation
What you say at the police station, whether you are arrested or invited for a voluntary interview under caution, is critical to the success of your case. Anything you do say (or even don’t say) could be used in a decision to charge you with an offence and during your trial.
You are entitled to free legal advice while at the police station. Our criminal defence team includes fully qualified police station representatives who can provide you with advice. We highly recommend that you do not answer any of the police’s questions until we are by your side. Ending the criminal investigation here without any charges being brought is the best possible result we can secure for you and we have a strong track record of achieving this outcome.
We regularly travel long distances at short notice to represent clients who have been accused of the production of controlled drugs.
For more information, please visit our Police Station Representation Solicitors page.
Court representation
We know how distressing it is to be charged with any drugs offence. As well as the loss of your liberty if convicted, your job, reputation and personal relationships could be at stake.
You can rely on us to ensure that your case is presented to court in the best possible way. From the outset, we will be very clear about your prospects for success and the options we have for proceeding. We can work closely with you to craft a rigorous defence strategy that highlights weaknesses in the prosecution’s evidence and casts doubt on their overall case.
Our specialist criminal defence lawyers have experience at the Magistrates Court and the Crown Court. We also enjoy close links with a number of expert criminal barristers who have an excellent reputation for achieving positive results in drug offence cases.
Funding your production of controlled drugs case
Police station representation
If you are arrested or invited to the police station for a voluntary interview under caution, you are entitled to free legal advice while at the police station. Our team of lawyers includes qualified police station representatives who are available 24 hours a day, 365 days a year to provide you with assistance.
So, if you are worried about being arrested, a loved one has been arrested, or you have been invited to interview under caution, get in touch with our Police Station Representation Solicitors today.
Legal aid
You could be entitled to help with your legal fees if you cannot afford to pay yourself, for example, because you are on benefits or a low income.
Legal aid can cover certain aspects of your defence such as your representation at Magistrates Court or Crown Court hearings. Depending on your financial situation, you may be required to contribute some of your disposable income towards your legal fees. This means that legal aid could actually work out more expensive than privately funding your case. We can provide further advice on how legal aid works and your eligibility.
For more general information, visit our Funding your Case page.
Private funding
We will happily accept clients who wish to pay their legal fees privately. There are many reasons why paying privately may work out better for you, for example, it could actually work out cheaper than legal aid and we can provide advice in a wider range of situations.
We primarily use hourly rates to estimate your legal fees. However, we are also happy to discuss other funding options depending on the individual circumstances of your case, such as quoting for fixed fees.
For more information, visit our Funding your Case page.
Transferring your case to Conspiracy Solicitor
The quality of legal advice you receive can ultimately determine whether you are charged, released without charge, found guilty, or acquitted at trial.
We are more than happy to accept clients who want to transfer their case to us from another firm. Whether you are able to transfer will depend on how you are funding your case (for example, if you have already obtained a Representation Order for legal aid, you may find it harder to transfer).
For more information, see our guide on transferring your case to Conspiracy Solicitor.
Common questions about production of controlled drugs
What are ‘controlled drugs’?
A controlled drug is one that it is against the law to produce, use or supply under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001.
Controlled drugs include cannabis, cocaine, heroin, ketamine and methadone. There is a non-exhaustive list of controlled drugs published on the Government website.
What does ‘production’ of a controlled drug mean?
Production means the ‘manufacturing, cultivating or production by any other method’ of controlled drugs. This is a wide definition that includes stripping cannabis plants in order to smoke its parts.
It covers production for both commercial and personal use, so it is not a defence to say that you were only producing the drugs for yourself, not to make money.
How does the prosecution prove production of a controlled drug?
To be able to convict you of production of a controlled drug, the prosecutors must provide:
- Evidence that a controlled drug was produced
- Evidence to link you to the production process (such as equipment suitable for producing the drug)
- Evidence that you knew the controlled drug was being produced
The prosecutor must prove that you actually participated in the production. However, you could also be charged with ‘being concerned in the production of a controlled drug’ where there is evidence you had knowledge of commercial production and indirect participation in that production.
Production includes the cultivation of cannabis. There is also a separate offence for the cultivation of cannabis, however, prosecutors cannot charge you with both offences.
Can I also be charged with possession with intent to supply?
In certain circumstances, prosecutors may also charge with possession with intent to supply. However, just because production might appear to have reached a stage where the drugs could be distributed, does not mean that you can automatically be found guilty of intent to supply. Therefore, more often than not, we can provide a solid defence strategy against any serious allegation of possession with intent to supply.
Can the police search my home?
The police will usually need to obtain a warrant before they are allowed to search your home. Exceptions to this rule include where you have consented to the search or if they are pursuing someone who enters a house.
They can only search for and confiscate items that they have authorisation for under the search warrant. In cases of suspected production of controlled drugs, these items will be things like:
- The drugs themselves
- Equipment used to produce the controlled drugs
- Electronic devices
The police cannot search your computer just because they have a search warrant to be in your home. They must have a warrant specifically for the computer.
If the police find items that could be linked to other criminal offences, they could also take these. For example, large amounts of cash.
Can the police search my phone and social media accounts for evidence?
The police may be able to search your phone and social media accounts depending on when they seek to undertake the search.
If you are stopped on the streets, generally, you do not have to hand over your mobile phone or tell the police how to access it. At the police station, your phone will be confiscated and you may be required to hand over the password or PIN. However, you are entitled to legal advice while at the police station, so if you are asked any questions about accessing your phone, you can refuse to answer until we are by your side to advise you.
Do I need a solicitor at the police station for production of controlled drugs allegations?
Yes. What you say (or don’t say) at the police station is arguably the most important aspect of any criminal case because you could be charged or have evidence brought against you based on your interviews with the police. This includes if you have been invited for a voluntary interview under caution.
You are entitled to free legal advice while at the police station. Our criminal defence team includes fully qualified police station representatives who are available 24 hours a day, 365 days a year to advise you. We regularly attend police stations across the country to help clients accused of drugs offences.
Are there any defences for production of a controlled drug?
If the prosecution can provide evidence beyond reasonable doubt that you were involved in the production of controlled drugs, you can be convicted. Therefore, our defence strategy will revolve around finding weaknesses in the prosecution’s evidence and casting doubt on their case.
As part of this strategy, we can argue many defences in your favour, including that you did not know, suspect, or have reason to suspect that the drug was a controlled drug.
Can I go to prison for production of a controlled drug?
Yes, if you are convicted on producing controlled drugs, you could go to prison. The sentence will depend on what court you are convicted in, the class of drugs involved, and the individual circumstances of the case.
Magistrates Court
The maximum sentences for each class of drug in the Magistrates Court are as follows:
- Production of Class A drugs: £5,000 fine and/or 6 months’ imprisonment
- Production of Class B drugs: £5,000 fine and/or 6 months’ imprisonment
- Production of Class C drugs: £2,500 fine and/or 3 months’ imprisonment
Crown Court
The maximum sentences for each class of drug in the Crown Court are as follows:
- Production of Class A drugs: Unlimited fine and/or life imprisonment
- Production of Class B drugs: Unlimited fine and/or 14 years’ imprisonment
- Production of Class C drugs: Unlimited fine and/or 14 years’ imprisonment
Other factors that can influence your sentencing include:
- Whether you played a leading role, a significant role, or a lesser role in the offence
- The amount of drugs produced
- Whether you have previously been convicted of a drugs offence
- Whether the offence was committed for financial gain
We will also argue factors in your favour to try to get your sentence reduced as much as possible.
Can the police seize my assets?
If you are charged or convicted for the production of controlled drugs, prosecutors may also take steps to seize assets under the Proceeds of Crime Act (POCA) 2002.
During the investigation and court proceedings, a suspect’s accounts may be frozen to prevent them from moving money or selling assets that are suspected to be the proceeds of crime. If the police discover more than £1,000 in cash, for example while searching a suspect’s home, they may also seize this if they suspect it was obtained from or will be used for criminal activity. We can provide advice about steps you can take to get this money back and avoiding permanent forfeiture.
Confiscation proceedings can be used to prevent people from profiting from criminal activity. These proceedings will take place after conviction and the courts have wide powers to assume how money or property was acquired and permanently confiscate it.
Our criminal defence lawyers have extensive experience advising clients on POCA proceedings and will take all possible steps to challenge the prosecution’s assessment of where you obtained money or property in order to prove that it was not obtained through criminal activity.
Need a solicitor for production of controlled drugs allegations?
For expert advice and police station representation, get in touch with our Conspiracy Solicitors today by using our simple contact form to request a call back or contacting 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
