Experienced criminal litigation solicitors in Gateshead and Washington
Section 23 of the Misuse of Drugs Act 1971 (the Act) relates to searches and obtaining evidence in respect of drugs offences.
The authorities must operate within the scope of the Act when carrying out a search. In particular, a police officer carrying out the detention and search of someone must have reasonable grounds to suspect that they are in possession of a controlled drug.
If you believe that you have been unlawfully detained and searched or that your premises have been unlawfully searched and you have been charged with an offence as a result, our expert misuse of drugs solicitors can provide you with the representation you need.
We have many years of experience in challenging stop and search powers and we will work with you to establish the facts of what has happened and raise an objection where necessary.
Our criminal defence team hold the Law Society’s criminal litigation accreditation, awarded to us for the high standards of client service we provide as well as for our legal excellence in providing defence services.
We also have a Legal Aid contract allowing us to represent clients who are eligible for Legal Aid funding.
If you have been arrested or you are facing a police station interview under caution, contact us now and we will provide immediate representation. Any interview under caution undertaken by the police permits free independent legal advice at the police station.
To speak to one of our expert misuse of drugs solicitors, 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry today.
“Very efficient, with a swift approach to all issues.”
Our Section 23 Misuse Of Drugs Act Services
We provide a full range of services in relation to drugs offences, including:
- Police station advice and representation
- Advice before an interview under caution
- Attending an interview under caution with you
- Advice on whether a Section 23 Misuse of Drugs Act stop search is lawful
- Defence services if you are charged with a drugs offence
What Is Section 23 Of The Misuse Of Drugs Act?
Section 23 of the Misuse of Drugs Act provides that:
- An officer with authorisation can search premises and inspect books and documents
- A constable with reasonable grounds to suspect that someone is in possession of a controlled drug can:
- Search someone and detain them for the purposes of searching them
- Search a vehicle or vessel in which they suspect drugs may be found
- Seize and detain anything which appears to be evidence of an offence under the Act
- A justice of the peace can issue a warrant to enter and search premises and people in the premises
- It is an offence to obstruct someone exercising the above powers
- It is an offence to conceal books, documents, stocks or drugs
- It is an offence to fail to produce books and documents when required to do so
What Rights Do The Police Have Under Section 23 Of The Misuse Of Drugs Act?
If you are stopped by the police, they should tell you:
- Their name
- Which police station they are from
- What they are looking for
- Why they are searching you
- The authority they have to search you
- That you have a right to a record of the search
Any force used can only be necessary, reasonable and proportionate. Officers must have reasonable grounds to carry out the search.
If the police search premises, they should have a warrant unless they have the owner’s consent or a delay in carrying out a search would risk the destruction or removal of evidence.
“Can highly recommend John Donkin Solicitors. Excellent service and friendly people”
How We Deal With Section 23 Misuse Of Drugs Act Cases
We will go through the facts of what has happened with you and check whether the authorities have exceeded their powers in dealing with a search.
Where an unlawful search has been carried out, we can discuss making a report to the Independent Police Complaints Commission (IPCC).
If you have been told to produce documents, we will assess whether the necessary authority exists to request them.
We also provide defence services for all drugs offences.
Contact Our Misuse Of Drugs Solicitors In Gateshead And Washington
If you have been searched or required to produce evidence by the authorities under the Misuse of Drugs Act and you need legal guidance and representation, contact us today.
To speak to one of our expert misuse of drugs lawyers, call us 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry today.
“Excellent service nothing was a problem everything explained to enable us to fully understand the process.”
