Legal issues
Issues can include whether production occurred, the defendant’s role, knowledge, control of premises, classification and quantity, section 28, and whether the appropriate charge is production, cultivation or another offence.
Production can also have POCA consequences because it is treated as a lifestyle offence for confiscation purposes.
Evidence that matters
Evidence may include search photographs, grow equipment, utility records, tenancy/ownership documents, fingerprints/DNA, phones, financial records, CCTV and forensic drug analysis.
Reasonable lines of enquiry
Enquiries may include proving occupancy and access, forensic attribution, utility usage, financial links, phone ownership, alternative explanations for presence at premises and whether the defendant actually participated in production.
What happens next
Production and cultivation are generally either-way offences, with serious cases proceeding to the Crown Court. Organised production may also generate conspiracy, trafficking or POCA proceedings.
Immediate steps
Preserve tenancy, employment, utility and financial records showing your relationship to the premises. Record who had keys or access and the period of any occupation.
What should you send us?
Send the allegation/charge, search record, premises documents, photographs, utility/financial records, device material and next date.