Possession of Class A Drug (Section 5(2) Misuse of Drugs Act 1971)

Possession of a Class A controlled drug is an offence under s.5(2) Misuse of Drugs Act 1971. Subject to any regulations under s.7, it is not lawful for a person to have a controlled drug in his possession (s.5(1)), and, subject to s.28 and to s.5(4), it is an offence for a person to have a controlled drug in his possession in contravention of s.5(1) (s.5(2)). Subsections (1) and (2) do not apply in relation to a temporary class drug (s.5(2A)). It is a defence for the accused to prove that, knowing or suspecting it to be a controlled drug, he took possession of it to prevent another committing or continuing to commit an offence in connection with it, or to deliver it into the custody of a person lawfully entitled to take custody of it, and that as soon as possible he took all such steps as were reasonably open to him to destroy it or deliver it to such a person (s.5(4)). Maximum sentence where a Class A drug is involved: on conviction on indictment, imprisonment for 7 years or a fine, or both; on summary conviction, imprisonment for 12 months or the prescribed sum, or both (Misuse of Drugs Act 1971, s.25 and Schedule 4).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Drug exhibits must be sealed and weighed in the presence of the suspect where practicable. Field testing kits provide a presumptive result only: formal analysis is required for court. Record any indicators of supply (scales, deal bags, multiple phones, cash). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).