Drugs And The Law

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.