Cultivation of Cannabis Charge for Fraserburgh Albanian Client

Kinloch Lawyers Cultivation of Cannabis Charge for Client

David Kinloch had an Albanian illegal immigrant. He was a gardener in a cannabis grow in Fraserburgh. There were a number of plants. 
He was remanded in custody as being a flight risk.  David Kinloch & Co Solicitors argued firstly that he had been trafficked and this was investigated by immigration and the Crown and by a defence professional of immigration.

We lodged a defence of coercion. At the end of the day, we withdrew the defence of coercion as the client did not quite meet the test for being trafficked.  The Prosecutor wanted a charge of cultivation and supplying, and eventually, we managed to convince the Prosecutor to simply take a charge of cultivation.

Understanding The Misuse of Drugs Act Legislation Act in Scotland

The difference between the UK wide act 1971 and Scotland Act

The Misuse of Drugs Act 1971 is a UK-wide piece of legislation that regulates the control of dangerous or otherwise harmful drugs, with the aim of preventing their misuse. While the act applies to the entire United Kingdom, including Scotland, there are some differences in how it is applied and enforced in Scotland compared to the rest of the UK.

The Outcome of the Case

What was Agreed

We did a lengthy plea in mitigation to the Judge and managed to convince the Judge to give him a headline sentence of 10 months custody which meant he was immediately released from Prison. 
This was an absolutely fantastic result as any sentence of over 12months means that the accused would have been automatically deported which would have affected his position of free travel in the EU if and when hereturned home to Albania. 

 The client was absolutely delighted with the result.