2015 saw the significant increase in arrests of people using prohibited drugs. This increase was seen in all types of prohibited drugs but, significantly there was a 55% increase of people caught using the drug ice (methylamphetamine).

2015 also saw a significant crackdown of possession of prohibited drugs in social venues, such as bars and clubs, and at Music Festivals.

Considering the increasing number of prohibited drugs found at Music Festivals such as, Stereosonic, Future Music Festival, Defqon and Field Day in 2015, 2016 will involve heightened police presence and detection mechanisms to prevent prohibited drug use and supply.

If you do find yourself caught with a prohibited drug, here is some information on what to expect:

What do I say to police?

Where possible you should always seek legal advice before speaking to the police. Other than co-operate and give your name and details, you do not have to say anything to police. If you have consumed prohibited drugs and are under the influence we strongly advise not to. Further unless you are put under arrest you do not have to go back to the police station to talk with police.

Because you have a right not to answer questions, if in doubt the best policy is to co-operate with police but not to answer any further questions. However, if you decide to explain yourself to police, you should know the following:

1. You are guilty of the offence of possession simply by having the drug knowingly in your possession, for example on your person or in your bag. It doesn’t matter why you had the drug, you have still committed the offence.
2. If you ultimately plead guilty, being honest and cooperative from the beginning significantly benefits you at court.
3. If you possess more than the traffickable quantity of a drug, you may be charged with ‘deemed supply’ which means that because of the quantity, the drugs will be presumed to be for supply unless you can prove otherwise. This charge is more serious and there are harsher consequences. Before talking you should call a lawyer.
4. If you were in possession of prohibited drugs for both yourself and your friend, or you were holding the drugs for your friend’s use not your own, and this is known by police you can be charged with supply. A supply charge is again more serious and you will face harsher consequences.
5. If you talk to police, they will either record your words or write them down, everything you say can be used against you in court.

What are the consequences?

If you plead or are found guilty of possession you will be sentenced in the Local Court. It is best to receive legal advice before you enter a plea or are sentenced so the possible outcomes can be explained and you or your lawyer are well prepared to argue to the court for the lowest possible sentence.

For possession there are a broad range of possible sentences, the most significant being a gaol term of up to two years.

All sentences for this charge involve the recording of a conviction, which is significant for any job requiring a criminal history check or if you had plans to travel to the United States.

The only way to avoid a conviction is if the court deals with under what is called a non-conviction. It requires the court to consider, amongst other matters: your character, criminal history, and personal characteristics, the trivial nature of the offence and the extenuating circumstances in which the offence was committed.

Obtaining a non-conviction in such circumstances can be difficult, especially considering the increasingly prevalent nature of this offending.

As an example last week one of our lawyers Zoe Whetham successfully obtained a non-conviction for a man in corporate employment who was found possessing a small quantity of cocaine. All of our lawyers have had a vast amount of experience and success in this area.

If you have been charged with possession or any other drug offence, you can contact one of our lawyers for a FREE consultation and advice on how to best resolve your matter.

Photo by Kindel Media