News
Drug money & Sentencing – Is Cash Relevant?
When someone is arrested for supplying drugs, it is not uncommon for drug money to be recovered as well. In the case of Mahmood EWCA Crim 1532, the court dealt with the relevance of cash when determining which sentencing category an offence fell into. A large quantity of drugs was seized from Mahmood’s premises along with around £30,000 in cash. The Judge found that the offending fell...Read More
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Drink Driving and Drug Driving – The Second Sample
In some cases, the police need to take either a blood or urine sample from a driver suspected of drink driving, or driving under the influence of drugs. In almost all instances, the police opt for a blood sample. Part of the procedure is informing the suspect that they can if they wish request part of the sample for independent testing. Despite this vital protection being available, a large...Read More
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Drugs in Prisons and the effect on Sentencing
With many offences, the punishment may vary according to the context of the criminality. For example, violence in a domestic context is usually treated more harshly than the same level of harm against a stranger. The same is true for drugs case, especially when it comes to drugs in prisons. Sentencing A failure to understand this basic point can result in clients being given incorrect advice...Read More
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Why hasn’t Michael Gove been arrested?
Why hasn’t Michael Gove been arrested? A question on many people’s lips since the former Justice Secretary admitted to using cocaine several times earlier in his career. So, could he face the legal consequences of this? Cocaine is a Class A drug, the most serious category. Drug offences are governed by the Misuse of Drugs Act 1971 and whilst buying a controlled drug in this scenario is not an...Read More
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Modern Slavery – Can it ever be a Defence?
Section 45 of the Modern Slavery Act 2015 provides a defence to specific criminal charges where it is shown that they were committed under a compulsion due to slavery or exploitation (for over-18s) or as a direct consequence of slavery or exploitation (for under-18s). So the short answer is ‘maybe’. The latter test, for children, is less difficult to establish. It is a defence...Read More
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Drug Detection and Prisons
The government has announced that drug detection scanners are being introduced at ten of the “most challenging” prisons. The technology will be used to detect drugs on clothes, paper and mail. It will be able to detect otherwise invisible traces of substances that have been soaked into clothes or letters in an attempt to bypass normal security. The prisons in question are part of the “10...Read More
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