Drugs and the law

What happens if you're found with illegal drugs?

You may be charged with possessing an illegal substance if you’re caught with drugs, even if they're not yours.

When it comes to possession for personal use, the police may be able to steer you away from the criminal justice system (keep you out of court), especially if you’re under 18. In practice, they’ll choose from the following range of options:

• Refer you to Youth Services if you’re under 18, who will then decide how to deal with the matter.
• Give you a ‘community resolution’, which might involve you doing an educational course on drugs and their anti-social effects and doing a period of unpaid work). You won’t get a criminal record, but it will show up on an enhanced DBS check.
• Issue a ‘deferred prosecution’, which is a 16-week educational programme designed to divert you away from using drugs. If you don’t fully comply with the programme, you’ll go to court for the original offence.
• Give you a conditional caution, which involves you doing any or more than one of the following: a rehabilitation course relevant to using cannabis and its anti-social effects, having to do unpaid work, or attending an educational session. If you don’t fully comply with the programme, you’ll go to court for the original offence. 

The options may vary depending on your age, where you live and whether you’ve committed drug or other offences in the past.

A persistent offender will be prosecuted.

If you’re under 18, the police are allowed to tell your parents or carers. 

Dealing or supplying drugs

The penalty is likely to be more severe if you’re supplying drugs, which includes dealing, selling or sharing. This offence is too serious for most or all of the out-of-court options described above.

The police or the Crown Prosecution Service (CPS) will probably charge you if they suspect you of supplying drugs. Your penalty will depend on the amount of drugs found and whether you already have a criminal record.

Drugs and driving

It’s illegal to drive under these circumstances:

• You're unfit to do so because you’re under the influence of legal or illegal drugs
• You have certain levels of illegal drugs in your blood (even if they haven’t affected your driving).

Legal drugs are those specifically prescribed to you by a GP, or over-the-counter medicines. If you’re taking them and not sure if you should drive, talk to your doctor, pharmacist or healthcare professional.

The police can stop you and make you do a ‘field impairment assessment’ if they think you’ve taken drugs, including asking you to walk in a straight line. The police can also use a roadside drug kit to screen for cannabis and cocaine.

If the police think you’re unfit to drive because you’ve taken drugs, you’ll be arrested and will have to take a blood or urine test at a police station.

You could be charged with a crime if the test shows you’ve taken drugs. The penalties include a driving ban, a large fine, or even imprisonment.

A conviction for drug driving also means your car insurance costs will increase significantly and if you drive for work, your employer will see your conviction on your licence.

What happens when you're stopped by the police?

The police have the power to stop and search you if an officer has reasonable grounds to believe that you've been involved in a crime or think that you are in possession of a prohibited item. Prohibited items include drugs, weapons and stolen property. Depending on what the police find on you during a search, you could be arrested.

What can happen during a police search?

The officer can only require a person to remove outer clothing in public e.g. a coat, jacket, gloves. They can put their hand inside your shoes, socks or headgear if they believe something is hidden. They will ask you to turn your pockets inside out, or they will pat these items down.

If they want you to remove any other items of clothing, this is either called a ‘more thorough search’ (e.g. removing a jumper or tee shirt) or a ‘strip search’, which involves the removal of all clothing.

A more thorough search can take place in the back of a police van or somewhere else that is out of public view. A strip search can only take place in a police station or a designated area like a police tent.

A strip search must be done out of public view and by an officer of the same sex, without any officer of the opposite sex able to see. If you are 17 years old or under, a strip search can only take place in the presence of an appropriate adult.

Tips for helping you deal with a stop and search

• Keep calm
• Be polite
• Ask questions about what will happen
• Ask for written proof of the search and ensure that this has been completed honestly
• You have the right to film the search, but you must ask permission to do so before reaching for your smart phone
• Be informed, i.e. know your rights.

Drugs and alcohol

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Contacts

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Release Helpline:

Release is the UK’s centre of expertise on drugs and drug laws.

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Doctor’s surgery (also known as GP surgeries)

Here are some examples of what we can do for you:

• Explain how getting an appointment with your GP/doctor works here.
• Register you with a doctor’s surgery and fill in any forms needed
• Make an appointment for you and go with you to interpret
• Explain what a letter says, or pass a message to you from the doctor
• Tell the doctor about any religious or cultural needs they need to know about
• Call the doctor’s surgery about anything you don’t understand
• Call a pharmacy about a prescription
• Check the doctor has received any letters from hospital about treatments
• Make follow-up appointments that your doctor recommends e.g. an optician.

General health needs

We’ll give you information and advice about your health. We’ll also register you, or make appointments for you, with these other health providers too:

• Opticians
• Dentists
• Chiropodists
• Any similar health provider.

We can fill in forms for you, translate letters and attend appointments with you. We can also call them to get answers about anything you don’t understand.

Hospital appointment

Here are some examples of what we can do for you:

• Explain how hospital appointments work here
• Speak to the hospital about anything related to an appointment
• Make or change an appointment, including with other services at the hospital
• Speak to the hospital about anything you don’t understand or any mistakes in correspondence
• Speak to the hospital about any religious or cultural needs they need to know about
• Go with you to an appointment, if you don’t want to use the hospital’s interpreter
• Call a pharmacy about a prescription for medicine

Health checks and vaccinations

We can give you a general health check. We can check your blood pressure, cholesterol levels and sugar levels (diabetes). We can also keep an eye on your asthma.

Once we have done the check, we can give you information and advise you about ways you can improve your health. If you need to see a doctor, we will make an appointment for you.

From time to time, health workers will come to WMO to offer you vaccinations, such as to prevent seasonal flu.

To book a health check or find out about vaccinations, please visit us at the WMO centre or call us on 0151 792 5116. {link to sections 6 and 7}

If you need help with tobacco, drugs or alcohol

For a confidential service, call our Substance Misuse Link Worker on XXXXXX.

We understand the cultural, religious and community sensitivities around these issues. We will help and advise you with this knowledge.

You can find more detailed information about how to reduce the harms that can be caused by smoking, chewing or taking drugs and drinking alcohol. {Link to page}

Other health service providers

Some health issues are the responsibility of large public bodies such as social services (part of the local council). And sometimes charities can give you the best help and treatment.

If your health is best looked after by a public body or a charity, we will advise you. If you want us to, we can call them and speak to them to see if they can support you.

We will fill in forms, or go with you to an appointment, if you want.  

WHAT WE CAN DO FOR YOU

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