The Misuse of Drugs Act 1971

Most drug offences in England and Wales are prosecuted under the Misuse of Drugs Act 1971. The Act classifies controlled substances into Class A (including cocaine, heroin, and MDMA), Class B (including cannabis and amphetamine), and Class C (including anabolic steroids and certain benzodiazepines). The class of drug significantly affects the maximum sentence available on conviction.

Drug offence defence – from caution to Crown Court

Drug cases often turn on the legality of the police search, the continuity of evidence, and whether the quantity indicates personal use or supply. David Roy scrutinises every stage of the prosecution case.

For simple possession, he can make representations to police or the CPS that a caution or community resolution is the appropriate outcome, potentially avoiding a criminal record or court appearance. For supply allegations, he challenges the inference of intent to supply (e.g., small amounts of cash, tick lists, mobile phone evidence).

Key defence strategies

  • Unlawful search: If police lacked reasonable suspicion, evidence may be excluded.
  • Forensic challenges: Mistakes in weighing or testing can reduce the alleged quantity.
  • Lack of knowledge: The accused did not know the substance was a controlled drug.
  • Personal use: Arguing that even a larger quantity was for personal use over time.
  • Duress or coercion: Acting under threat.

Drug supply cases frequently involve associated charges such as possession of a bladed article or offensive weapon. Where a client faces knife crime or weapons charges alongside drug offences, David Roy advises on the full range of allegations. See criminal defence services →

Process

  1. Police station: Free advice before interview. David protects your rights.
  2. Charge & bail: David attends the first magistrates’ court hearing and argues for bail.
  3. Case preparation: Reviewing forensic reports, phone downloads, and CCTV.
  4. Trial or plea: Representing you in magistrates’ or crown court.
  5. Confiscation: If convicted, David handles POCA proceedings to minimise confiscation. More on POCA →

Drug charge in Birmingham? Call before speaking to police.

Free police station advice 24/7. David can attend immediately.

Fees & legal aid

Legal aid and fixed fees.

Most drug offences are eligible for legal aid (subject to means test). David will advise on eligibility. For private work, fixed fees are available for possession cases and some supply matters.

1

Urgent call

Free confidential advice. David will tell you if legal aid applies.

2

Police station

Free representation – call David immediately if arrested.

3

Court & POCA

Legal aid or fixed fee representation through trial and confiscation.

Call David Roy – Drug Offence Solicitor – today.