The prosecution and punishment of offences relating to controlled drugs is in Scotland is governed by the Misuse of Drugs Act 1971.
There are many types of drugs offences, from possession charges to production, supply and importation. Our solicitors are highly experienced in dealing with all types of drugs prosecution. From the early stages of search and detention for questioning to trial and sentencing we can provide crucial advice and expert representation.
There is considerable public interest in drugs offences. Drugs are generally viewed by the judicial system as a blight on society and so those convicted of drugs offences can expect severe punishment.
Trials relating to drugs matters are often very complex. Street-level policing often results in controversial ‘stop and search’ procedures being carried out. Depending on the procedures used by police any drugs recovered are potentially inadmissible as evidence. We have taken objection to stop and search procedures in many trials with numerous acquittals as a result.
High-level drugs supply, trafficking and importation cases can be incredibly complicated. Police often rely on surveillance and undercover officers to build cases up over time against those suspected of being concerned in supply of controlled drugs. There are extensive procedural requirements placed upon police wishing to use these techniques of investigation. Only by instructing an expert criminal defence lawyer will you have the chance of spotting any procedural irregularities that may be objectionable.
Sentences for drugs offences vary depending on the seriousness of the particular crime and the class of drugs involved. There are special rules that impose a mandatory minimum 7 year jail sentence for a third conviction on indictment for class A drugs supply.
From basic possession charges to allegations of being involved in international drugs trafficking McCusker, McElroy & Gallanagh have the necessary experience and expertise to secure acquittals in even the most complex of cases.