What is a drugs conspiracy?

Many people are alarmed when faced with an allegation involving the word conspiracy as it suggests a plot or some sinister and sophisticated plan. In fact, whilst some conspiracies can be sophisticated and complex, in law the term conspiracy simply means an agreement with others to commit a crime. In a drugs conspiracy the person accused is said to have entered into an agreement with others to supply (or sometimes import or produce) a quantity of class A , B or C drugs. An agreement in such cases is never a straightforward matter where someone signs a contract to act or participate in a conspiracy. Instead, the prosecution will adduce evidence to seek to persuade a jury that they can infer a person’s participation in a criminal agreement by a number of ways including: Their association with others who are involved in drug supply Their phone contact and activity Their travel and movement at material dates and time to relevant locations Their possession of incriminating items – whether drugs or cash Their lifestyle Their previous history of criminality

What sort of evidence is relied on by the prosecution in a drugs conspiracy?

There are larger scale investigations, which will typically rely on for example the following types of evidence: Surveillance by dedicated officers. Cell site analysis of phones mapping locations of key persons in the conspiracy Telephone data showing contact between the parties ANPR evidence showing vehicles movements CCTV evidence Scientific evidence – fingerprint, DNA In some cases police are able to access text messages, WhatsApp content and of course, there are a number of cases which have been charged as a result of the discovery of material from Encro-Chat which has been widely publicised. Olliers have experience of dealing with Encro-Chat cases.

Production and Cultivation Drugs Offences

Production of drugs

The Misuse of Drugs Act 1971 (section 4(2)(a) or (b)) highlights the elements of an offence of production of a controlled drug. This highlights that “it is an offence for a person to produce, or be concerned in the production of a controlled drug”. Therefore, under the Act, there are two production offences. A person can be charged with either 4(2)(a), which is simply production of a controlled drug, or a person may be charged under section 4(2)(b), which is “being concerned in the production of a controlled drug”.

Under the Act, produce means to manufacture, cultivate or produce by any other means. Common law dictates that the element of production will likely be satisfied by an individual who changes a drug from one form to another, or bulks out or splits drugs. The element of “being concerned” includes simply participating in the enterprise, knowing that it involves drug production.

When proving the elements of the offence, the prosecution will have to find evidence of some link between the suspect and the production process (for example, providing suitable premises or equipment). If there is evidence of actual participation in the production of the drug, it is likely that a person will be charged under 4(2)(a), whereas if there is evidence of knowledge of commercial production and indirect participation, this is more likely to be charged as section 4(2)(b).

Sentencing production of drugs

Participating in or being concerned in the production of a Class A drug both carry a maximum penalty of life imprisonment. If convicted, the severity of sentence will likely be based on culpability demonstrated by the defendant’s role, therefore, it is likely that a defendant convicted on the basis that they were directing or organising production or cultivation on a commercial scale will likely fall into the highest category regarding culpability.

Cultivation of cannabis

As Matt Corn (Partner at Olliers and serious crime specialist solicitor) highlights in his article that covers drug offences more generally (https://www.olliers.com/criminal-law/drugs-offences/ ), the most common form of this is the production of cannabis, which is also known as cultivation of cannabis. Cultivation of cannabis can be something as small as one plant for personal use to a full commercial-scale cannabis farm.

Cultivation of cannabis plant is a defined offence within itself in the Misuse of Drugs Act 1971 (section 6(2)), but this is often charged more frequently under the production of a controlled drug as above, since a defendant convicted under this section of the Act could be made subject to a confiscation order from the court. This would likely be appropriate where a defendant is shown to have benefitted from their criminal conduct. This is not a possibility where the defendant is convicted under section 6(2) of the Act.

Once a person goes beyond just growing a cannabis plant and begins to prepare the plant for consumption, this would fall under the type of activity that is more commonly associated with a charge of production, hence opening the defendant up to the possibility of a confiscation order.

Sentencing cultivation of cannabis

The separate offence of cultivation of cannabis carries a maximum penalty of 14 years’ imprisonment, which is the same as if a person was charged with production of a class B drug under section 4.

The importance in the distinction between the two offences, therefore, lies in the ability of the court to obtain a confiscation order. Of note, a confiscation order may only be made by the Crown Court. The court will proceed with a view to making a confiscation order if asked to do so by the prosecutor, or if the Crown Court believes it is appropriate to do so. In order for a confiscation order to be granted, as well as being convicted of an offence that merits a confiscation order, this offence must also have been committed over a period of at least six months from which the defendant benefitted. Both the prosecution and the defence may be able to appeal the decision of the Crown Court to make or not to make a confiscation order.

Defences to production of drugs offence

Section 28 of the Misuse of Drugs Act 1971 outlines that it shall be a defence for the accused to prove that he neither believed nor suspected, nor had reasons to suspect, that the substance or product in question was a controlled drug. According to case law, the burden on the accused to “prove” this is simply evidential, and not persuasive.

In other words, to successfully run this defence, the accused must put evidence before the court which, if believed, could be taken by a reasonable jury to support his defence. This defence does not entail a legal burden on the defendant, because the burden of proof remains on the Crown throughout.

This is the most frequently utilised defence, and there are several factors that will be considered in the making out of the defence. These include, but are not limited to, the circumstances in which the defendant acquired the drug, the packaging, and content of any evidence served by the prosecution (for example, text messages found by the police on mobile phones).

More generally, there exists a defence of proof that the defendant neither knew of nor suspected, nor had reason to suspect, the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if he is to be convicted of the offence charged. This covers a defence where the accused may have been aware of the controlled drug, however, challenges the prosecution on another element of the offence.

How Olliers can help

The law surrounding the production of drugs is complicated. At Olliers, we are able to help you to navigate the complexities of the law in order to obtain the best possible outcome. We can help you to best navigate a charge, should one arise, and, where appropriate, how to defend this in court. If you or a family member are facing an allegation concerning an allegation of production or cultivation of a controlled drug, contact Olliers on 0161 834 1515.

Frequently Asked Questions

Will I go to prison for a first time drugs offence?

The answer to this question is not a simple one, it will depend on the offence, the class and quantity of drug. Just because it’s your first offence doesn’t automatically mean you will avoid prison. If you are convicted of being in possession of a relatively small amount of any class of drug, yes you are likely to avoid prison. You may even be cautioned by the police instead of appearing in to court. If you are convicted of supplying a Class C or B drug, you are at risk of a prison sentence but could still avoid it depending on the quantities involved. If you are convicted of supplying a Class A drug you are at significant risk of going to prison, even in low quantities. The judge will take into account your lack of previous convictions when they sentence you but it may not stop them from sending you to prison if they think the offence is serious enough.

In short yes it is. The offence of possession with intent to supply does not require any money to change hands. It is simply when one person ‘supplies’ drugs to other people. If you pick up some drugs for a Technically the act of passing a cannabis joint to a friend is supplying them with cannabis, even if the joint was passed to you by someone else and it wasn’t yours in the first place. This can be extrapolated up to more serious offending. Someone who knowingly looks after a larger quantity drugs for someone else and then gives it back to them or another person is guilty of supplying. The fact that there was no financial reward for the supply would be taken into consideration by a judge when sentencing but it certainly doesn’t amount to a defence.

What is a lesser role in a drugs case?

A lesser role is a role that a person is placed into by a judge when determining sentence in a drugs case. It attracts a lesser sentence than a significant role or leading role.

The following features of a case will result in a lesser role – performs a limited function under direction;

engaged by pressure, coercion, intimidation;
involvement through naivety/exploitation;
no influence on those above in a chain;
very little, if any, awareness or understanding of the scale of operation;
if own operation, solely for own use (considering reasonableness of account in all the circumstances).

Can you avoid prison for supplying Class A drugs?

The best way to avoid prison if you are accused of suppling Class A drugs is to take the case to trial and win. However often the strength of the evidence means that the most sensible option is to plead guilty. A person awaiting sentence for supplying or being concerned in the supply of class A drugs will usually expect a prison sentence. However, it is not unheard of for people to avoid prison. The sentencing guidelines that judges use to determine sentences indicate that those convicted of an offence relating to the supply of drugs directly to users will usually receive a prison sentence. However if not supplying directly to users, with low quantities and/or the offender is placed into a ‘lesser role,’ with credit for a guilty plea and good personal mitigation it may be possible to receive a suspended sentence.

What is a leading role in drugs case?

A leading role is a role that an offender can be placed into when a judge decides on sentence for a drugs case. It will attract a longer sentence relative to the amount of drugs than a significant or lesser role. The following features are likely to attract a leading role-

directing or organising buying and selling on a commercial scale;
substantial links to, and influence on, others in a chain;
close links to original source;
expectation of substantial financial gain;
uses business as cover;
abuses a position of trust or responsibility.

What is a significant role in a drugs case?

A significant role is a role that a person can be placed into by a judge when they decide on sentence. A significant role will attract a lesser sentence than a leading role but a higher sentence than a lesser role.

The following features in a case will result in a significant role- operational or management function within a chain;

involves others in the operation whether by pressure, influence, intimidation or reward;
motivated by financial or other advantage, whether or not operating alone;
some awareness and understanding of scale of operation

Recent drugs cases

2025 – Preston Crown Court – Operation Westchester; Representing defendant in an ‘encrochat’ case of Conspiracy to produce and to supply Class B drugs
2025 – Operation Golf – Minshull Street Crown Court – Representing defendant in multi-handed conspiracy to supply Class A and B drugs.
2025 – Operation Combat – Manchester Crown Court; representing defendant charged with conspiracy to supply Class A drugs (Encrochat case)
2024 – Operation Rockingham – Preston Crown Court; representing defendant charged in multi handed conspiracy to supply class A drugs.
2024 – Operation Frozen – Represented defendant at Preston Crown Court accused of a ‘county lines’ style conspiracy to supply class a drugs from the Manchester area into Barrow-in-Furness. Defendant found not guilty at trial.
2023 – Operation Highgate – Represented defendant for Conspiracy to Supply Class A drugs between Liverpool and Preston.
2023 – R v Z – Norwich Crown Court; representing a defendant charged on a “County Lines” conspiracy to supply class A drugs.
2022 – Operation Lagotto – Manchester Crown Court, representing defendant in multi handed conspiracy to supply class A and B drugs.
2022 – Operation Praslin – Represented defendant in multi-handed conspiracy to supply class A. EncroChat case linked to Operation Venentic.
2022 – Operation Kamina – Represented defendant multi-handed conspiracy relating to supply of class A drugs in Manchester and across the North West.
2022 – Operation Casino – Represented defendant accused of Conspiracy to Supply large quantities of Class A and B drugs on a national scale. Defendant avoided custody after offering a plea to a lesser offence.
2021 – Operation Rampur – Manchester Crown Court – representing defendant in multi handed conspiracy to supply class A and B drugs.
2021 – R v P – Manchester Crown Court – representing defendant in multi handed conspiracy to supply class A and B drugs
2021 – R v F – Minshull Street Crown Court – representing defendant charged with supplying class A drugs and producing cannabis
2021 – Operation Erath 3 – Manchester Crown Court; representing defendant charged with conspiracy to supply class A and B drugs
2021 Leicester Crown Court – Operation Buster ; representing defendant charged as part of a multi handed importation, supply and production of Class A and B drugs.
2020 – Operation Malling – Minshull Street Crown Court, representing defendant in multi handed allegation of supplying class A drugs
2020 – R v A – Sheffield Crown Court, representing defendant charged with conspiracy to supply firearms, ammunition, class A drugs and also money laundering.
2020 – Operation Nimrod – Southwark Crown Court. Representing defendant charged with supplying large quantities of class C drugs.
2020 – Operation Erbium – Sheffield Crown Court ; representing defendant charged with conspiring to supply class A drugs and transferring firearms.
2020 – Operation Brutus – Warwick Crown Court; representing defendant charged with conspiracy to supply class A drugs.
2020 – Exeter Crown Court – Operation Release; Representing defendant charged with attempted murder, and conspiracy to supply class A drugs.
2019 – Manchester Crown Court ; R v A and O. Represented two defendants charged with conspiracy to supply Class A and B drugs
2020 Operation Erbium – Sheffield Crown Court. Currently representing defendant in multi handed drugs and firearms conspiracy.
2020 – Exeter Crown Court – Operation Release; Represented defendant charged with attempted murder, and conspiracy to supply class A drugs.
2019 – Manchester Crown Court; R v A and O. Represented two defendants charged with conspiracy to supply Class A and B drugs
2019 –20 Leicester Crown Court – Operation Buster; representing defendant charged as part of a multi handed importation, supply and production of Class A and B drugs.
2018 – Operation Cosmetic – Manchester Crown Court representing defendant charged with a conspiracy to supply class A drugs and possession of a firearms.
2018-2019 – Operation Blush – Liverpool Crown Court. Representing defendant charged with conspiracy to possess firearms and to supply class A and B drugs.
2019 – 20 Operation Quartz –Manchester Crown Court. Representing defendant charged with production of amphetamine.
2018-2019 – Operation Hemisphere – Sheffield Crown Court. Represented defendants charged with conspiracy to supply class A drugs.
2017 – Operation Crew – Nottingham Crown Court. Represented defendant in multi handed conspiracy to supply class A drugs.
2017 – Operation Legend – Manchester Crown Court. Represented defendant in large scale drugs and money laundering conspiracy.
2017 – Operation Jasper – Preston Crown Court. Represented defendant in multi handed large scale conspiracy to supply Class A drugs.
2017 – Operation Crackle 3 – Birmingham Crown Court. Represented defendant conspiracy to supply heroin.
2016-17 – Operation Afterburn II – Portsmouth Crown Court. Currently represented 2 defendants in a multi handed conspiracy to supply Class Drugs.
2016 – Operation Quad – Norwich Crown Court. Represented defendant in a conspiracy to supply Class A drugs.
2015-16 – Operation Calzone – Northampton Crown Court. Represented one of 19 defendants charged with conspiracy to supply Class A drugs.
2015 – Operation Measure – Caernarfon Crown Court. Represented defendant in multi handed conspiracy to supply class A drugs.
2015 – Operation Destiny – Leeds Crown Court. Represented two defendants charged with conspiracy to supply Class A drugs and money laundering.
2015 – Operation Wreckage – Manchester Crown Court. Represented defendant charged with conspiracy to supply Class B drugs.
2014 – R –v– S Liverpool Crown Court. Represented defendant charged with conspiring to import half a tonne of cocaine.
2014 – R –v– R Liverpool Crown Court. Representing defendant charged with importation of drugs previously known as “legal highs”.
2014 – Operation Cobweb – Teesside Crown Court, represented defendant in large scale conspiracy to supply Class A Drugs.
2011 – Operation Dearly – Birmingham Crown Court. Acted for defendant in multi handed drug conspiracy to import cocaine from South America.