13 Reasons Why is currently making waves as a much watch Netflix Original Series. But would you believe that there are at least 13 offences committed throughout the 13 episodes? Over the next 9 days I will be continuing to post blogs about the 13 different offences I have found and what could happen should you be arrested or charged with them.

The Sentencing Council website can be found here.

5. Possession of a Class B Drug (Section 5(2) of the Misuse of Drugs Act 1971)

Possession of a Controlled Drug of Class B is an Either Way offence meaning that it can be heard in either the Magistrates Court or the Crown Court.

There are many types of Class B Drugs including amphetamines, cannabis and mephedrone. If you are arrested in possession of any of these drugs it is highly likely that you would be charged and bailed or held in custody to appear before the Magistrates Court.

At the Magistrates Court the Justices will consider the amount of substance you had in your possession and whether they can proceed to sentence or whether to commit the case to the Crown Court due to its seriousness.

Sentencing for an offence such as this range from a discharge, Community Order which can include unpaid work or up to 26 weeks’ custody if dealt with in the Magistrates Court. The maximum sentence in the Crown Court is 5 years imprisonment.

Both Courts are likely to add a Rehabilitation Activity Requirement to any Community Order imposed for an offence of this type to ensure that the Defendant gets professional help with any drug habits.

These sentences will vary depending on whether or not it is a first-time offence and if there are any similar offences committed in the past. Any guilty plea in relation to this offence at the earliest opportunity will mean that you would be entitled to full credit in relation to any sentence imposed.

Being an imprisonable offence means that there is the chance of being eligible for Legal Aid. This means that any representation at the Magistrates Court could be at no cost to the Defendant as all costs incurred will be met from public funds. (This does depend on the Defendant’s income and financial circumstances). You may need to pay a contribution towards Legal Aid in the Crown Court.


 We at Ringrose Law understand how worrying it can be if you are arrested in relation to any offence. We would always recommend that you obtain Legal Representation if you are arrested or interviewed. You are entitled to free and independent Legal advice at the Police Station.

Contact our Criminal Defence team who will be able to represent you at the Police Station on any matter, covered by the Legal Aid Agency’s Advice and Assistance Scheme. We have offices in Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.

Prev: Criminal Damage (Section1(1) of the Criminal Damage Act 1971

Next: Possession of a Class B Drug with Intent to Supply (Section 5(2) and (3) of the Misuse of Drugs Act 1971)

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