Possession of controlled drugs


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Possession of controlled drugs


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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Elements of the offence of possession of controlled drugs

It is an offence for a person to have a controlled drug in their possession.

The prosecution has to prove, to the criminal standard (see Practice Note: Burden and standard of proof in criminal proceedings), that:

  1. •

    the substance in question is a controlled drug

  2. •

    it was in the defendant’s custody or control, and

  3. •

    the defendant knew, or could have reasonably known, of the existence of the drug. See R v Lewis (1988) 87 Cr App Rep 270 (not reported by ½Û×ÓÊÓƵ®)

Possession of a controlled drug is an offence that is triable either way, in either the magistrates’ court or the Crown Court.

Possession

The Misuse of Drugs Act 1971 (MDA 1971), s 37(3) expands the meaning of possession to include items that are in the custody of another but are subject to the defendant’s control. Therefore, in order to establish possession the prosecution must prove that the drug was either in the custody of the defendant or under their control. The prosecution does

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