Drugs And The Law

If you’re caught with an illegal drug, you risk getting a fine or you could go to prison. And a drug related criminal record can have serious consequences for your life and the things you want to do. 

Below you’ll find answers to some of the questions we get asked most regularly about drugs and the law. 

Question 1

If someone has done drugs in the past, can they get in trouble for that in the future?

Drug offences are dealt with by COPFS on a case by case basis. Once the circumstances have been established and the accused person has been sentenced by a court of law this is generally the end of the matter.

However, a conviction in relation to drug offences may have a wider impact in terms of a person’s ability to secure certain types of employment and in applying for residency overseas.

There are a number of regulatory bodies and employers who will request previous convictions as a matter of course and any conviction may have an adverse effect upon subsequent applications for employment.

Question 2

What are the legal issues a person could face if they were caught using or with drugs?

In the event a person is detected in possession of a controlled substance by police, the circumstances will be reported to the Procurator Fiscal.

The legal implications will be entirely dependent upon the circumstances and the subsequent findings of the court. A court can issue a number of disposals including a custodial sentence, a fine, a written warning or a drug treatment order.

If convicted, there may be further implications in relation to employment opportunities and residency applications.

Question 3

If something happens to my friend when using drugs and I’m with them what trouble could I get into?

The outcome will be dependent upon the circumstances. If, for example, you are found to be in possession of a controlled substance or you have supplied another person with illegal drugs, this will be reported to the criminal courts.

If it has been deemed by a court of law that your involvement in the incident consists of behaviour amounting to culpability, this will be dealt with via court disposal. This can result in a custodial sentence, a fine or a written warning.

In these instances priority should always be given to seeking medical attention as this could save someone’s life.

Question 4

My son was pulled over under the influence of drugs. He is due in court, what should we expect the outcome to be?

The outcome of any court hearing will be entirely dependent on the circumstances.

Courts will assess a number of legal factors including the evidence presented, and will take into consideration risk to the public, impact upon the wider community, and any mitigating factors involved in the incident.

If convicted the disposal could include a custodial sentence, a fine, a warning or a driving ban/ disqualification.

Question 5

If I tell someone official like my counsellor or doctor that I’m using drugs do they legally have to keep that confidential?

It is always advised to discuss the implications of disclosures directly with your GP or any other service who can advise upon their own individual protocols.

As a rule of thumb and in line with GDPR, services will keep your information confidential unless there is a harm prevention element which will require a disclosure to protect an individual, and that can include yourself.

This is necessary for public protection and to reduce the risk of harm to others.

Question 6

If I have received a fixed penalty notice for smoking cannabis what are the consequences of that long term? Will it stay on my record? Affect job prospects?

A fixed penalty notice will not be recorded on your criminal history profile as a conviction, however it will appear on the Police National Computer (PNC).

This will not routinely be disclosed to present or future employers, however the Chief Constable reserves the right to include any “other relevant information” within a disclosure.

It is, however, worth noting that the consequences of any drug related conviction will be entirely dependent on the type of applications you make in terms of overseas residency and employment.

There are varying levels of criteria depending on which country/ employer you submit applications to, and some will take a zero tolerance approach to historical drug offences.

Question 7

I was recently kept under police protection for Drug-induced psychosis. What does that mean for me long term? Will that stay on my records?

If you are in the position where you are unable to safe guard your wellbeing and require police involvement to ensure your safety and welfare, it is likely that this incident will be recorded on the vulnerable person’s database.

This is not the same as a criminal conviction, it is simply a means of recording the circumstances and allows the police to highlight any concerns to support services who can help you.

This will not be referenced on a criminal history record and will not be disclosed in the event of a criminal disclosure request.

Question 8

If you’re caught with an illegal substance under the age of 16 will that stay on your records as an adult?

Criminal convictions will stay on your criminal history record almost indefinitely.

However, if you have a recorded conviction under the age of 16 this will remain disclosable for a period of 5 and a half years. You can request access to your criminal history record by visiting your local police office.

Question 9

I work in a professional setting and although it doesn’t affect my ability to work, and I never use whilst on duty, I’m concerned there may be legal implications, should I be worried?

If you are found to be in possession of a controlled substance you can be reported to the Procurator Fiscal for offences under the Misuse of Drugs Act 1971.

The disposal for such offences will ultimately be determined by the court, and a conviction for drug related offences may have implications in terms of your present and future employment.

Question 10

I was caught driving with drugs in my system, what are the legal consequences of this?

The legal implications of any criminal incident will be entirely dependent on the circumstances.

Courts will assess a number of legal factors including the evidence presented, and will take into consideration risk to the public, impact upon the wider community, and any mitigating factors involved in the incident.

A driving conviction could adversely impact upon your employment prospects. If convicted the disposal could include a custodial sentence, a fine, a warning or a driving ban/ disqualification.

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