The situation
Police officers arrested the defendant after observing a suspected transaction in an alleyway. Officers witnessed the defendant discard two wraps—later confirmed as heroin and cocaine—which forensics matched to the defendant's fingerprints.
A subsequent search of the defendant's home revealed a significant stockpile, including large quantities of Class A substances and further Class B drugs. The prosecution case rests on the observation of the deal and the substantial amount of drugs recovered from the address, arguing this demonstrates a commercial supply operation.
The charges
The defendant faces a five-count indictment involving serious Class A drug supply offences:
Counts 1 & 3: Supply of a Controlled Drug of Class A (Cocaine and Heroin).Counts 2 & 5: Possession with Intent to Supply (PWITS) Class A (Heroin and Cocaine).Count 4: Possession of a Controlled Drug of Class B (Cannabis).
The Crown asserts that the defendant played a significant role in a street dealing operation.
Our approach
Current Strategy: The Exploitation Defence
While the possession of the drugs is not disputed, the defence is vigorously contesting the intent and culpability. The defendant maintains he is a drug user who has fallen into debt and is being exploited by a more senior dealer.
Our legal team is advancing the case that the drugs found at the property were being stored under duress. The defence submits that the defendant was acting as a "holder" due to threats made against him, passing drugs to runners only to satisfy a debt, rather than operating as a willing commercial seller. This defence aims to mitigate the defendant's role from "Significant" to "Lesser" under the sentencing guidelines, or to secure an acquittal based on duress.
The outcome
Current Strategy: The Exploitation Defence
While the possession of the drugs is not disputed, the defence is vigorously contesting the intent and culpability. The defendant maintains he is a drug user who has fallen into debt and is being exploited by a more senior dealer.
Our legal team is advancing the case that the drugs found at the property were being stored under duress. The defence submits that the defendant was acting as a "holder" due to threats made against him, passing drugs to runners only to satisfy a debt, rather than operating as a willing commercial seller. This defence aims to mitigate the defendant's role from "Significant" to "Lesser" under the sentencing guidelines, or to secure an acquittal based on duress.
Legal disclaimer and restricted access
The details provided in this case study are for informational purposes only and do not constitute legal advice. Every criminal case is unique; the outcomes described here depend on specific facts and the application of current English law, which is subject to change.
Viewing this material does not establish a solicitor-client relationship. If you are facing criminal charges, you should seek immediate advice from a qualified legal professional. This firm accepts no liability for actions taken based on this content. By continuing to review these case materials, you acknowledge that you understand these limitations and accept full responsibility for your use of this information.
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FAQ
Some questions we get, which may help you in this moment
Yes. A voluntary interview is a formal police caution and what you say can be used as evidence in court. You have a legal right to free and independent legal advice at the police station, regardless of your financial circumstances. Having a solicitor present ensures your rights are protected from the outset.
Most firms offer a range of payment options, including fixed fees for specific stages of a case or hourly rates. Depending on the seriousness of the charge and your financial position, you may also be eligible for Legal Aid to help cover some or all of your legal costs.
Less serious offences (summary offences) are typically handled in the Magistrates’ Court. More serious matters (indictable-only offences) are sent to the Crown Court to be heard by a Judge and Jury. Some cases are ‘either-way,’ meaning they can be heard in either court depending on the severity of the specific allegations.
Not necessarily. The UK courts follow strict sentencing guidelines that consider the nature of the offence and any mitigating circumstances. Possible outcomes can include fines, community orders, suspended sentences, or discharges, depending on the specifics of the case and the quality of the legal representation.
There is no fixed timeframe. An investigation can last from a few weeks to several months or even years for complex financial or historical cases. A solicitor can help manage this period of uncertainty by liaising with the police or the Crown Prosecution Service (CPS) to get regular updates on the status of your case.