Caught Taking Cannabis into Prison When Visiting Partner

Being charged with taking a controlled substance into prison is a serious matter that can leave individuals and their families overwhelmed, ashamed, and unsure of what to do next. This article explains what such charges mean, potential consequences, and where to seek guidance such as a reputable legal firm like ours - Kinloch Lawyers of Glasgow who are experienced in criminal defence and prison-related offences.

Understanding the Criminal Charges

Charge 1: Bringing Cannabis into HMP Shotts

On the 19th December 2024 at HMP Shotts, Newmill and Canthill Road, Shotts, the defendant was accused of introducing cannabis—without reasonable excuse—into the prison. This is considered a proscribed article under the Prisons (Scotland) Act 1989.

...the defendant did attend in possession of Cannabis and allow an inmate, incarcerated there, to remove it from the defendant; CONTRARY to Sections 41(1)(a) and 41(9A)(b) of the Prisons (Scotland) Act 1989 as amended.

This makes it illegal not only to physically hand drugs to a prisoner but also to knowingly allow them access to the substance in any way.

Charge 2: Supplying a Controlled Drug to an Inmate

The second charge relates to the supply of cannabis, a Class B drug under the Misuse of Drugs Act 1971.

> ...the defendant did supply a controlled drug, namely Cannabis … to another or others, namely an inmate, in contravention of Section 4(1) of the Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(a).

This charge can attract severe penalties, including imprisonment, even for first-time offenders.

Why These Offences Are Taken So Seriously

Public Safety and Prison Security

Introducing drugs into a prison environment can lead to:

* Increased violence or bullying among inmates

* Health risks from drug misuse

* Undermining prison safety and discipline

Scottish courts treat such offences with strict seriousness to deter others.

Possible Consequences of These Charges

Courts consider several factors when sentencing, such as:

* The amount and type of drug involved

* Whether it was for personal use or intended supply

* Previous criminal history

* Personal circumstances of the accused

While custodial sentences are common, legal advocacy can make a significant difference in the outcome.

What To Do If You’re Facing Similar Charges

1. Seek Legal Representation Immediately

Engaging a specialist criminal defence solicitor—such as **Kinloch Lawyers of Glasgow**—can help you:

* Understand the charges in plain language

* Prepare your defence or mitigation

* Present personal circumstances to the court

* Explore alternatives to prison, such as community-based disposals

2. Be Open and Honest with Your Solicitor

Your lawyer is there to help, not to judge. The more information they have, the stronger the defence or mitigation can be.

3. Show Early Remorse and Cooperation

Courts may consider:

* Early guilty pleas

* Demonstrated remorse

* Evidence of personal vulnerability or coercion

Can There Be Defences or Mitigation?

There may be arguments around:

* Lack of intent (unknowingly carrying the drug)

* Coercion or pressure from the inmate or others

* Mental health struggles or personal hardship

However, these require expert legal handling to be taken seriously by the court.

Why Choose Kinloch Lawyers of Glasgow?

* Experienced in Prison Law and Misuse of Drugs Act cases

* Skilled in court representation across Scotland

* Known for offering compassionate, confidential advice

* Available to assist at police interviews, court hearings, and beyond

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Final Thoughts

Taking cannabis into prison for a partner or loved one may seem like an act of loyalty at the time—but it is a serious criminal offence with long-lasting consequences. You are - not alone, and the right legal advice can make a powerful difference.

> “One mistake does not define your future—but how you respond to it might.”

If you or someone you know is facing similar charges, don’t delay in seeking help from experienced solicitors such as Kinloch Lawyers of Glasgow.