Possession of Drugs in UK Law

Leading Cases
  • R v Guney
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1998

    In our judgment evidence of possession of cash will often lack any probative value. Nevertheless in our judgment the relevance of any particular piece of evidence should be decided on a case by case basis. Accordingly although evidence of cash and lifestyle may only rarely be relevant where the charge is simple possession, we are unable to accept that as a matter of law such evidence must, automatically, be excluded as irrelevant.

  • R v Lambert
    • House of Lords
    • 05 Julio 2001

    After all, it is sometimes simply a matter of which drafting technique is adopted: a true constituent element can be removed from the definition of the crime and cast as a defensive issue whereas any definition of an offence can be reformulated so as to include all possible defences within it. It is necessary to concentrate not on technicalities and niceties of language but rather on matters of substance.

  • Warner v Metropolitan Police Commissioner; R v Warner
    • House of Lords
    • 02 Mayo 1968

    In considering these questions the wording in the Act must be regarded. It is a declared purpose of the Act to prevent the misuse of drugs. If actual possession of particular substances which are regarded as potentially damaging is not controlled there will be danger of the misuse of them by those who possess them. They might be harmfully used: they might be sold in most undesirable ways. Parliament proceeded to define and limit the classes and descriptions of people who alone could possess.

    The prosecution have here proved that he possessed the parcel, but have they proved that he possessed its contents also? There is a very strong inference of fact in any normal case that a man who possesses a parcel also possesses its contents, an inference on which a jury would in a normal case be justified in finding possession. A man who accepts possession of a parcel normally accepts possession of the contents.

  • R v Grant
    • Court of Appeal (Criminal Division)
    • 27 Febrero 1995

    If, on the other hand, the jury were to come to the conclusion that the presence of the money indicated not merely past dealing, but an ongoing dealing in drugs, then finding the money, together with the drugs in question, would be a matter which the jury could take into account in considering whether the necessary intent had been proved.

  • R v McNamara
    • Court of Appeal (Criminal Division)
    • 12 Febrero 1988

    That, in our judgment, establishes the necessary possession. They must also of course prove that the box in fact contained the drug alleged, in this case cannabis resin. If any of those matters are unproved, there is no case to go to the jury.

  • R v Maginnis
    • House of Lords
    • 05 Marzo 1987

    The word "supply," in its ordinary natural meaning, conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other. It connotes more than the mere transfer of physical control of some chattel or object from one person to another. No one would ordinarily say that to hand over something to a mere custodier was to supply him with it.

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Legislation
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... standard) , 600;(ii) in cases falling within bands 9.1 to 9.7 (drugs offences) , 15,000; or(iia) in cases falling within band 10.1 (driving ... 2Making or possession of explosive in suspicious circumstancesExplosive Substances Act 1883, ... ...
  • Misuse of Drugs Regulations 2001
    • UK Non-devolved
    • 1 de Enero de 2001
  • Police and Criminal Evidence Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ... ... and for the purposes of such proceedings,when they are in the possession of a person who is entitled to possession of them ... (2) Items held ... when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) ... ...
  • Criminal Justice Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ... ... offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal ... In section 27(1) of the Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the ... ...
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Books & Journal Articles
  • Opiate use in Ireland — Methodological issues
    • No. 54-3, September 2007
    • Probation Journal
    ... ... number of arrests in a three-month period for thepossession of drugs for sale or supply, and derived, they say, from Tables 4 and5 of their ... 2003,1 represent the number of offences detected for possession of anydrugs for sale or supply, rather than the number of opiate users, or ... ...
  • House of Lords
    • No. 51-2, May 1987
    • Journal of Criminal Law, The
    ... ... HOUSE OF LORDS BURDEN OF PROOF-POSSESSION OF DRUGS R. v. Hunt In R. v. Hunr [1987] 1 All E.R. 1, ... ...
  • Judicial Committee of the Privy Council
    • No. 38-4, October 1974
    • Journal of Criminal Law, The
    ... ... Judicial Committee of the Privy Council UNLAWFUL POSSESSION OF DRUGS D.P.P. v. Brooks I N this case, the quashing of the ... ...
  • When an “Interview” is Not an Interview
    • No. 54-2, May 1990
    • Journal of Criminal Law, The
    ... ... by the officer who knew Absolamhad been previously arrested for possession of cannabis, to"putthe drugs on the table". They were duly produced and ... ...
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Law Firm Commentaries
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Forms
  • Tell a bailiff about risks of seizing someone's property
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to civil matters including judgments.
    ... ... known to have any mental health issues or known to use/abuse drugs or ... alcohol in any way that may affect their behaviour? ... If you have ... Section B – To be completed for all warrants of possession ... 9. Who will be representing your organisation at the possession? ... ...
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