Client Receives Community Payback Order for Possession of Dealer Quantity of Heroin

David Kinloch & Co Solicitors successfully turned a potential prison sentence for possession of a "commercial dealers" quantity of heroin into a "simple possession" charge and the person sentenced to a Community Payback Order.

Possessing a commercial dealer's quantity of heroin is a serious crime with severe legal consequences. The specific laws and penalties vary by jurisdiction, but generally, it falls under the category of drug trafficking or possession with intent to distribute.

In the United Kingdom, the Misuse of Drugs Act 1971 does not specify exact quantities that distinguish between personal possession and intent to supply controlled substances like heroin. Instead, law enforcement and the judicial system consider various factors to determine whether an individual is involved in personal use or commercial distribution.

Commercial Dealer's Quantity v's Simple Possession

The difference between the "own use" and "intent to supply"

A simple possession charge typically refers to the unlawful possession of a small amount of a controlled substance intended for personal use, as opposed to possession with intent to distribute or manufacture drugs. The severity of this charge depends on several factors, including the type and quantity of the drug, the jurisdiction where the offense occurred, and any prior criminal history.

Factors Considered in Determining Intent to Supply:

Quantity of the Drug: Larger amounts of heroin in possession may suggest intent to supply, but there is no legally defined threshold.

Packaging: Drugs divided into smaller, individually wrapped portions can indicate distribution activities.

Paraphernalia: Possession of items like scales, bags, or lists of clients may imply involvement in drug dealing.

Financial Evidence: Unexplained sums of money or assets inconsistent with an individual's legitimate income can be indicative of commercial activity.

Penalties for possession are severe and can include:

Prison sentences ranging from several years to life in prison.

Substantial fines and loss of certain rights, such as right to vote.

Client Was Wearing Expensive Watch and Displayed a Large Amount of Cash

Our client was seen crossing the street in Glasgow City Centre. He was wearing a £40.000 Rolex. He was carrying £5K in cash which he pulled out his pocket. He then entered an exclusive top rated fashion store, followed by plain clothes Police. The Police stopped him, searched him, and found 66 grams of heroin of 30% purity on him. They confiscated his watch and £5K in cash.  

Community Payback Order

A Community Payback Order (CPO) is a sentence issued by a court in Scotland as an alternative to prison for certain offenses. It allows individuals to repay their debt to society through unpaid work, supervision, or rehabilitative activities, focusing on reducing reoffending while benefiting the community.

A CPO is typically considered for less serious offenses or where the offender demonstrates a willingness to engage with rehabilitation.

Courts assess the offender's criminal history, the nature of the offense, and their suitability for the requirements.

The Outcome of the Case

What was Agreed

Despite the fact that our client had a commercial dealers quantity of heroin, a large amount of cash and very expensive watch, Kinloch Lawyers persuaded the Prosecution to take a Simple Possession Charge and issued a Level 1 Community Payback Order. Previously this man could have received a 3 or 4 year prison sentence.