Policeman

What the police will do

If the police think you have committed a drug offence, they use the Case Disposal System to choose what to do with you. This gives them four choices:

Each case is decided on its own merits. The following information is taken from the police’s own guide on how to deal with drug offenders.

 

Proceed to prosecution

This means going to court. In young people’s crime, they try to avoid this for your sake. However, if you have been caught supplying drugs (selling or giving them) or trafficking (carrying large quantities for yourself or for someone else), the police will come down much harder on you. Under the terms of The Misuse of Drugs Act (1971), the punishments for Class A drugs, like Heroin, Cocaine, Crack, LSD and Ecstasy are:

  • Possession: from 6 months jail plus £5000 fine, up to 7 years and unlimited fine.
  • Supply/trafficking: from six months jail plus £5000 fine, up to Life and unlimited fine.

The punishments for Class B drugs like Cannabis, Speed & other amphetamines (unless injected) are:

  • Possession: from 3 months plus £500 fine up to 5 years and unlimited fine.
  • Supply/trafficking: 6 months plus £5000 fine up to 14 years and unlimited fine.
    • For Class C drugs, like mild sedatives, painkillers, and sleeping pills, the penalties are:

      • Possession: from 3 months plus £500 fine, up to 2 years plus unlimited fine.
      • Supply/trafficking: 3 months plus £5000 fine, up to 5 years plus unlimited fine.

      In other words, massive penalties. It just isn’t worth the risk.

       

      Formal Caution

      Formal Cautions are used to deal quickly and simply with less serious offenders. It stops you going to court, but it means you won’t want to do it again. It means you get a criminal record held on the national police database. This could wreck your chances of getting a job, or a visa to go on holiday. If you get caught again, your Caution can be counted against you in court making the sentence worse. In any case, you are more likely to be prosecuted if you get caught again.

      The police give a Caution when:

      • they have enough evidence to make a successful prosecution, but want to keep you out of the courts, jail etc.
      • they are sure your parents or guardian understand how serious it is and agree that you ought to be Cautioned.

       

      Formal Warning

      Formal Warnings are less serious than Cautions, and are given for minor offences – generally if you’re caught with Class B or C drugs (Cannabis, Speed) for your own use. You don’t get a criminal record, but:

      • a record will be kept for three years of your name and offence at the local station
      • a previous Warning may influence the decision whether or not to prosecute if you offend again.

      Sounds a bit tame? You guessed it, there’s a catch. If you have been caught with Ecstasy or any other Class A drug, it counts as too serious an offence to get just a Formal Warning. The police guide says they must Caution or Prosecute you and you’ll get the criminal record. And the same goes if you have been selling drugs to anyone else, even just Cannabis. And of course, if they get arrested then the police will be asking who the drugs came from...

       

      Not Proceeded With

      This means that the police have enough evidence you’re guilty, but having considered the circumstances, they decide not to do anything further. Any offence can be treated this way.

       

      If you get arrested ...
      Excuses which don’t work:

 
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Last updated: 4 July 2002