With drugs cases, there are several stages at which you may wish an input from KBC, such as for trial, sentencing or POCA hearings, none of which are stand-alone events. We regularly find that the longer enquiries are left, the harder it can be to address all the relevant factors.
A good example of this is in a cannabis cultivation case, although the sentiment applies to all drug case types. The charges set forth may be seen as acceptable and a plea entered. Subsequent sentencing and POCA applications, however, will be based on the claimed scale of the operation and assessment of the nature of the cultivation facilities. Whilst these factors can be successfully challenged, it is best to re-examine the exhibits to assess what may be reasonably included (and excluded) from the potential yield and valuation. Bear in mind that after the main trial, the exhibits tend to be destroyed promptly, precluding the best re-assessment of the case.
- Whilst you may feel that not challenging matters early on is not the same as accepting them, it is common for the Court to aggressively challenge subsequent claims to reduce the scale and value of a drugs case where these issues were not raised at the original trial.
- Delayed challenges also run the risk of rejection by the Court on timescale grounds too.
If you feel there are challenges to be made, it is best to address these early in the proceedings to ensure best representation of your client.
Please feel free to contact KBC at any point during your case to discuss what can be achieved and to establish the best approach to assist your client throughout the process.