If you have produced and manufactured a prohibited drug such as methamphetamine or any other illegal drugs, then you may be charged with manufacture and production of prohibited drugs.

Section 24 of the Drug Misuse and Trafficking Act 1985 states that a person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.

In order to be found guilty of manufacture and production of prohibited drugs, the prosecution must prove beyond reasonable doubt that:

• You manufactured or produced a prohibited drug or;
• You knowingly took part in the manufacture or production of, a prohibited drug.

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of manufacture and production of prohibited drugs, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive. Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The maximum penalty for manufacture and production of prohibited drugs falls into different categories, varying on the amount alleged to be manufactured.

Pleading Not Guilty

If you disagree with the charge, manufacture and production of prohibited drugs then it is best you enter a plea of not guilty. Defences that can be used in common assault charges are: :

• Duress-Where you were seriously threatened to manufacture the drugs.
• Honest Mistake – Where you honestly did not know that you were contributing towards manufacturing or producing prohibited drugs.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you took part in the manufacturing or producing or took steps towards manufacturing or assisting to make prohibited drugs.

If the prosecution fail to prove these elements then you will be found not guilty.