UK - Class A Posession

[PapaBurgundy]

If SWIM was arrested because SWIM was found with just under 2 grams of MDMA then what would the consequences be?

Bare in mind that SWIM has never been in trouble with the feds before and SWIM is over 18.

[KomodoMK]

The official stance is:

Class A Offences involving those in Class A attract the highest penalties – a maximum of seven years and/or unlimited fine for possession; life and/or unlimited fine for production or trafficking. A mandatory seven year sentence is now the penalty for a third conviction for trafficking. This class includes the more potent of the opioid painkillers (heroin, morphine, methadone, dipipanone, pethidine), hallucinogens (eg LSD, ecstasy) and the stimulant cocaine. Any Class B drug prepared for injection counts as Class A.

However, with no previous I would expect a caution and a fine, possibly bound over. But don't hold me to this as I am not 100% certain. Also, are they only pushing charges for possession and not pushing for possession with intent to supply? The cut off limit can vary widely between forces in the UK.

[yaba]

Never say you sell it, give it away, or buy it for friends !!
Its was for personal use, and no sorry not going to say where I got it from. Why ?? Because that person only done me a favor, I normally don't do this !! He isn't a dealer. And am sorry..

Thats what swim told me, he's been there..

Reputation Comments on this post:

useful info

[FuBai]

We don't have "feds" in the UK.

[Sven99]

Wanted to agree with yaba - 'supply' in the eyes of the law includes 'social dealing' - ie sharing it with your friends even without intent to make a profit. Silly really. Claim its for your personal use and that you would not chare with friends - or just say 'no comment' - you can't possibly exonerate yourself and they will do their utmost to trick you and/or use your words against you, as building a case against you is their job. 2 grams = potentially alot of pills in their eyes, so they could well be looking to do you for supply.

Seek legal advice off this forum too.

As a random aside: does that mean if a joint is passed around a circle that everybody in that circle could be charged with supply?

[Evil GIR]

yes, I woudnt even admit to pasing anything, anything swim uses he never shares or passes around.

[yaba]

2 grams should be the equivalent to 20 normal pills, might sound a bit much officer but its Xmas and I didn't know how much it really was.. Thought 1 gram wouldn't be enough for me, as never done this before..

[Evil GIR]

Or admit to having a drugs problem and ask to see a drugs councillor, plus asking for one will always look good if you go to court as it shows you see what you doing is wrong and your seeking help to stop using drugs. Its all BS of course but thats what they want to hear.

Reputation Comments on this post:

Like that one, swim would have to say that if ever.. due to work.

[yaba]

Originally Posted by Evil GIR

Or admit to having a drugs problem and ask to see a drugs councillor, plus asking for one will always look good if you go to court as it shows you see what you doing is wrong and your seeking help to stop using drugs. Its all BS of course but thats what they want to hear.

Yes ! Thats the one..!! Your granny died and you gone of the rails a bit, but you want to change. And your asking them to help you, brilliant. Play the game..

[Sven99]

SWIM would advise you to save the sob story for if it goes to court. As said before, anything you tell the Police CANNOT help you in court or improve your case. Seek legal advice (refuse to answer questions without it) which you can obtain for free and give the police as little info as you possibly can.

[jaffacake]

I agree with sven that the sob stories won't really make a difference but if you are bang to rights then it's probably worth admitting guilt. Judges take a very dim view of anyone who pleads not guilty and usually give them a harsher sentence than if you grovel.


But obviously say it was for personal use only.

[Pondlife]

JC is right, but not for exactly the reasons stated.

A Class A possession case for a small amount where there is no intention to supply will normally be dealt with by the magistrates court. Only cases where supply is alleged, or the amounts are not consistent with personal use get committed to crown court. So, with luck, the person would be tried by a group of magistrates plus a legal clerk rather than a judge.

The entry level for Class A possession is a community penalty. Mitigating factors like a small quantity, first offence Etc. can reduce this to a fine or conditional discharge; aggravating factors can increase it to custody. An early guilty plea gives an automatic sentence discount of up to a third (the earlier the plea, the greater the discount).

So, as others have said, if you are "bang to rights", plead guilty at the earliest opportunity. It's still worth getting a solicitor to mitigate for you, as they know what is valid mitigation and what is not. And save any mitigation for the magistrates.

[Evil GIR]

Sob stories wont work but telling them you are trying to quit drugs can only make you look good in the judges eyes, you just want to repent for your sins. You want to project the correct image while in court and not where your making excuses for your actions.

You want to convinve the courts that you never going to do drugs again and your seeking help for you addiction