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The penalties for offences identified in the table are the maximum that
can be delivered. As with all offences, the maximum sentence is very rarely
given. In reality, the sentence will depend on individual circumstances
such as previous convictions, the amount of the drug(s) involved, the
accused's character and other criteria.
The police usually consider cautioning first-time offenders for personal
possession - having a small amount of a controlled drug that the person
says is for their own use and that the police do not think they were going
to supply it to somebody else. In theory, a caution stays on record for
up to 5 years if no further offence is committed. For a caution to be
given there must be a full admission to the offence - if this is not given,
the case will go to court
If a person is given a caution, they do not have to tell people about
it, although it may be wise to declare it if applying for a job if a police
check is a requirement.
If another offence is committed whilst the caution is in force, a court
may take it into consideration.
If a person is under 18 years old, however, a caution is no longer given.
There is now a three-step process of reprimand, warning and prosecution
depending on how serious the offence is.
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