Best Drug Crime Lawyers in Aberdeen

About Drug Crime Law in Aberdeen, United Kingdom

Aberdeen is within the Scottish legal system, which is distinct from the system in England and Wales. Drug crime in Aberdeen is primarily governed by the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016, with procedure and sentencing handled under Scottish law. Police Scotland investigate alleged offences, the Crown Office and Procurator Fiscal Service makes prosecution decisions, and cases are heard in Aberdeen Sheriff Court or, for the most serious allegations, the High Court of Justiciary. Drug offences range from simple possession to supply, production, importation, drug driving, and proceeds of crime action. Outcomes vary widely, from recorded police warnings and diversion to treatment for minor possession, to lengthy prison sentences for commercial supply of Class A substances.

Why You May Need a Lawyer

Even a low level accusation can have serious consequences. A lawyer can protect your rights during police contact and interview, assess whether a stop or search was lawful, and challenge the admissibility of evidence if procedures were not followed. Early advice can influence whether your case is prosecuted, whether you are offered a non court disposal, and how bail is addressed.

Common situations that call for legal help include being invited to a voluntary interview, being arrested after a search of your person, vehicle, or home, being charged with possession with intent to supply based on quantity, messages, or cash, facing allegations of supply related to so called county lines activity, being accused of drug driving after a roadside test, having money or property seized due to suspected drug proceeds, or being contacted by the Procurator Fiscal about a court citation. A solicitor can negotiate with the Procurator Fiscal, prepare your defence or mitigation, seek diversion to treatment where suitable, and assist with legal aid funding.

Local Laws Overview

Misuse of Drugs Act 1971. This UK wide law classifies controlled drugs as Class A, Class B, and Class C. Possession, possession with intent to supply, supply, production, and cultivation are offences. Maximum penalties vary by class. For Class A, supply carries a maximum of life imprisonment and an unlimited fine, and possession carries a maximum of 7 years and an unlimited fine. For Class B, supply carries up to 14 years and an unlimited fine, and possession up to 5 years. For Class C, supply carries up to 14 years and an unlimited fine, and possession up to 2 years.

Psychoactive Substances Act 2016. This law prohibits producing, supplying, offering to supply, or possessing with intent to supply psychoactive substances that are not exempt. Personal possession is not an offence except in custodial institutions.

Search and seizure. Under section 23 of the Misuse of Drugs Act 1971, police may stop and search if they have reasonable grounds to suspect possession of a controlled drug. There is a statutory Code of Practice on Stop and Search in Scotland. Unlawful searches or detentions can lead to exclusion of evidence.

Police interview and rights. Under the Criminal Justice Scotland Act 2016, you have the right to have a solicitor informed and to consult with a solicitor privately before and during interview. You do not have to answer questions. Anything you do say can be used in evidence.

Prosecution and disposals. The Crown Office and Procurator Fiscal Service decides whether to prosecute and in which court. For lower level possession, police or prosecutors may consider recorded police warnings, fiscal fines, fiscal work orders, or diversion to social work or treatment, depending on circumstances and policy. Serious cases are prosecuted on indictment in the Sheriff Court or High Court.

Sentencing in Scotland. Sheriffs and judges consider aggravating and mitigating factors, including drug class, quantity, role, financial gain, involvement of children, previous convictions, and steps taken toward rehabilitation. Community based disposals, including Drug Treatment and Testing Orders and community payback orders, may be used where appropriate.

Drug driving. Scotland has specific drug driving limits under the Road Traffic Act 1988. It is an offence to drive while over the specified limits for certain drugs, or while unfit through drugs. Penalties include a minimum 12 month driving ban, a fine, and possible imprisonment.

Proceeds of crime. Under the Proceeds of Crime Act 2002, cash and assets suspected to be criminal property can be seized and restrained. Following conviction, confiscation orders can be made.

Youth and vulnerability. Under 18s may be referred to the Children’s Reporter for the Children’s Hearings System, although some cases involving 16 and 17 year olds can be prosecuted in court. Vulnerability, exploitation, and human trafficking issues can be relevant to case decisions and sentencing.

Frequently Asked Questions

What are Class A, B, and C drugs and why does the class matter

Classes reflect perceived harm and control. Class A includes heroin, cocaine, crack, MDMA, and LSD. Class B includes cannabis, amphetamines, and synthetic cannabinoids. Class C includes benzodiazepines such as diazepam and etizolam. The class affects the maximum penalties and how seriously a court will view the conduct.

What is the difference between possession and possession with intent to supply

Possession means having a controlled drug for your own use. Possession with intent to supply involves an intention to pass the drug to others. Evidence of supply can include quantity beyond personal use, dealer lists, messages, scales or bags, cash, or observed transactions. The Procurator Fiscal can charge supply even without a witnessed sale.

Can police in Aberdeen search me or my home without a warrant

Police can stop and search you without a warrant if they have reasonable grounds to suspect possession of a controlled drug under section 23 of the Misuse of Drugs Act. Your home usually requires a warrant, but police may enter without a warrant in limited urgent circumstances, for example to prevent serious harm or the destruction of evidence. A solicitor can assess the lawfulness of any search.

Do I have to answer police questions about drugs

No. In Scotland you have the right to silence. You also have the right to speak to a solicitor privately before and during any interview. Anything you say can be used in evidence. Asking for a solicitor will not be held against you.

Will I get bail if I am charged with a drug offence

Bail is common, but the Procurator Fiscal can oppose it, especially for alleged supply, persistent offending, or risk of re offending. The sheriff considers risks and whether conditions can manage them, such as curfew, reporting, or non contact. A solicitor can present arguments and propose conditions to secure bail.

What happens if this is my first time and I had a small amount

For simple possession, especially for a first offence, outcomes can include a recorded police warning, diversion, or a fine. Each case is fact specific. The class of drug, quantity, circumstances, and personal background all matter. Early legal advice can help you access alternatives to prosecution where suitable.

What are the penalties for drug driving in Scotland

If you are over specified limits or unfit through drugs, penalties include a minimum 12 month driving disqualification, a fine, and up to 6 months imprisonment for the basic offence. Causing death by drug driving carries far higher penalties. Police can require roadside tests and blood or urine analysis.

Can the authorities seize my money, car, or phone

Yes. Under the Proceeds of Crime Act, cash and assets suspected to be linked to crime can be seized and restrained. Phones and vehicles may be seized as evidence. A solicitor can challenge seizures, seek the return of property, and contest confiscation orders after conviction.

How long will a drug case take in Aberdeen

Timescales vary. Summary cases in the Sheriff Court can resolve within a few months, especially if there is an early plea or diversion. Indictment cases, complex supply allegations, or cases involving forensic analysis can take much longer. Legal aid and proactive case management can reduce delay.

Will a conviction affect my record and job prospects

Yes. Convictions are recorded on your criminal record. Disclosure periods under the Rehabilitation of Offenders Act 1974 apply, which means some convictions become spent after a period unless the role requires higher level disclosure. Certain regulated roles and immigration applications may be affected. A solicitor can advise on mitigation to reduce impact.

Additional Resources

Police Scotland for reporting, stop and search guidance, and custody information.

Crown Office and Procurator Fiscal Service for prosecution policy and information about court processes.

Scottish Courts and Tribunals Service for Aberdeen Sheriff Court and High Court information.

Scottish Legal Aid Board for legal aid eligibility and funding guidance.

Law Society of Scotland for finding a registered criminal defence solicitor in Aberdeen.

Aberdeen City Alcohol and Drugs Partnership for local treatment and support pathways.

NHS Grampian Substance Misuse Services for clinical support and harm reduction.

Scottish Drugs Forum for training, harm reduction, and support information.

Release for UK wide drug law information and helpline services.

Citizens Advice Scotland for general legal and rights guidance.

Next Steps

If you are under investigation or charged, contact a Scottish criminal defence solicitor with drug crime experience in Aberdeen immediately. Ask to speak to a solicitor before any police interview and do not answer questions until you have received advice. Provide your lawyer with documents, messages, prescriptions, medical information, and names of witnesses that may assist your defence or mitigation.

Consider treatment engagement if drug use is an issue. Evidence of proactive steps, such as attending NHS Grampian services or the Aberdeen Alcohol and Drugs Partnership pathways, can influence prosecution decisions and sentencing. Comply fully with any bail or undertaking conditions and attend all court diets.

Ask your solicitor about legal aid. Many accused persons in Scotland qualify for assistance. Discuss possible outcomes, including recorded police warnings, diversion, fiscal fines, negotiated pleas, or trial. Your solicitor can challenge unlawful searches, test the reliability of forensic evidence, and seek the return of seized property where appropriate.

Keep all correspondence, charge papers, and property receipts safe. Do not discuss your case on social media or with anyone other than your lawyer and approved support workers. Prompt, informed action gives you the best chance of achieving a fair and proportionate result.