BEEN CAUGHT WITH DRUGS AT A MUSIC FESTIVAL?

Attending a music festival and contemplating sneaking in a baggie? As exciting as the beats and vibrant vibes of music festivals like ‘Knockout Outdoor’ and ‘Listen Out’ are approaching, it is essential to be informed on the prevalent issue of drug possession and other common charges at these types of events.

Recent statistics revealed that 68.5% of people reported drug dog encounters at festivals, and over 70 people were charged with drug possession charges in last year's Knockout festival alone. In NSW, hundreds find themselves facing serious legal charges each year, with the overwhelming presence of police and drug dogs at these music festivals, knowing your rights is essential.

This article will explain the serious repercussions of being caught with drugs at such events, outline the potential charges and penalties, detail what will occur if searched by law enforcement and the immediate steps you should take if you're caught in a situation like this.

Seeking knowledgeable legal representation can help ease stress and navigate you through the complexities of drug law. Our team at Faraj Defence Lawyers have continuously achieved charge dismissals, non-convictions or reduced penalties with clients facing drug charges.

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WHAT SHOULD YOU DO IF YOU’RE CAUGHT WITH DRUGS AND ARRESTED AT A FESTIVAL?

If you are caught with drugs at a festival here are four (4) key steps you should follow:

1. Be Polite and Respectful

2. Exercise your right to silence

3. Cooperate with police, but do not consent

4. Call a criminal defence lawyer

BE POLITE AND RESPECTFUL

When faced with the unfortunate situation of being caught with drugs and subsequently arrested at a music festival, maintaining a demeanour that is both polite and respectful can significantly influence your interactions with law enforcement.

With the heightened tensions and highly charged atmosphere present at places such as music festivals or concerts, the importance of exhibiting proper manners cannot be overstated. Respectful behaviour not only helps establish positive rapport with police officers but also helps reduce potential tension in what could be a confrontational scenario.

Law enforcement is more likely to respond positively to individuals who are cooperative as opposed to those who are confrontational. Maintaining composure often leads to more favourable outcomes for individuals such as reducing the risk of creating self-incriminating statements and fostering a more amicable interaction, which can highly impact the outcome of your case.  

It is also important to remain polite and respectful as this will be stated in your fact sheet for court and can assist you in obtaining a non-conviction penalty.

EXERCISE YOUR RIGHT TO SILENCE

Exercising your right to silence when being questioned by police is a fundamental aspect of protecting your rights, this prevents an individual from accidentally incriminating yourself through statements made during questioning. As highlighted in Section 89 of the Evidence Act 1995 (Cth), “An inference unfavourable to a party must not be drawn from evidence that the party or another person failed or refused to;

(a) to answer one or more questions”.

Essentially this provision is designed to protect your ‘right to silence’ principle, by making sure that a court is forced to not consider your refusal to answer any questions as something suspicious or unfavourable towards your case.

When questioned by police at a festival, responding with “no comment” to all questions, with exception of providing your name, address and date of birth can significantly help your case by making sure you do not provide information which could be detrimental to your case. By limiting your responses to essential information only, you preserve the integrity of your position and avoid complicating your situation further.

COOPERATE WITH POLICE, BUT DO NOT CONSENT

Section 21 of the Law Enforcement (Power and Responsibilities) Act 2002 (NSW) (LEPRA), allows police to stop, search, and detain a person, without a warrant if they ‘suspect on reasonable grounds that you possess or control something considered a ‘prohibited drug’ or ‘prohibited plant’.

When faced with the prospect of a strip search, it is within your rights to refuse consent, unless there is a lawful basis for the search. Section 31 of LEPRA highlights that not only must there be reasonable grounds to strip search but there also must be an element of ‘seriousness and urgency of circumstances which make the strip search necessary’ present.

In most cases, refusing consent to a strip search at a music festival is not an act of resisting arrest or obstructing justice, it is an assertion of your rights. Properly understanding and exercising these rights can safeguard against self-incrimination and ensure lawfulness of any search conducted.

Things that can constitute a reasonable basis include search dogs indicating you have drugs or police seeing you with them or providing them to someone else.

CALL A CRIMINAL DEFENCE LAWYER

Being caught with drugs at a festival can quickly turn from a moment of enjoyment into a serious legal matter, in such instances calling a lawyer becomes not just a recommended step, but a pivotal one.

Seeking professional legal assistance with specialised drug lawyers can play a significant role in protecting your rights and working towards achieving the best possible outcome in your case. The initial interactions and statements made during questioning can significantly influence the outcome of the case.

Contacting a lawyer before police interrogation ensures that you are well advised on your rights, given guidance on appropriate responses to give and the legal boundaries that law enforcement must respect.

Early legal assistance aids in establishing a foundation for your defence, securing the services of a well experienced lawyer, especially before questioning when caught with drugs at a festival is an essential step in protecting your rights and laying the groundwork for the best possible outcome for your specific case.

Call Faraj Defence Lawyers today for a free initial consultation at (02) 8896 6034

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WHAT CAN YOU BE CHARGED WITH IF FOUND WITH DRUGS AT A FESTIVAL?

Common charges one can be charged with when faced with drug-related offences at popular festivals include:

• Drug Possession

• Deemed Supply

• Supply

DRUG POSSESSION

A Drug Possession charge involves having an illegal drug in one’s immediate physical custody in which the individual can practise exclusive control over them. Section 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW) prohibits the act of possessing drugs.

This means police can just arrest you for having any ‘prohibited substance’ listed in Schedule 1 of the DMTA, whether you planned on using the drugs or you were just holding them for a friend, as long as you have custody and control over the drugs, anyone can be charged.

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DEEMED SUPPLY

A Deemed Supply charge can be faced by an individual that is found with a quantity of drugs that exceeds the legally defined threshold for personal use. This means that the law assumes an intention to supply even if there is no additional evidence to support the supplying of drugs.

Section 29 of the Drug Misuse and Trafficking Act 1985 (NSW) makes this an offence. So what is considered ‘deemed supply’? The provision explains that as long as you were in fact in possession of a prohibited drug which is not less than a trafficable quantity and the accused had knowledge of this, then the offence of ‘possession taken to be for supply’ can easily be established.

At a festival it can be easy to mistakenly hold a little too much illegal drugs, especially if you are not fully aware of the threshold which determines what is considered ‘not less than a trafficable’ quantity. Even if no actual supply has been taken into place, prosecution can assume that due to the amount present, the intention was to supply.

DRUG SUPPLY

Drug Supply offence involves the selling, distributing, or otherwise providing illegal drugs to others. It is an indictable offence, meaning a more serious offence, in comparison to a drug possession charge as it implies a level of commercial intent.

This is listed as an offence under Section 25 of the Drug Misuse and Trafficking Act 1985 (NSW), “a person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence”. This provision outlines the foundational reference in determining the criteria and thresholds that can lead to a charge of drug supply.

Therefore, it is a must for festival-goers to be aware of the certain criteria’s which can easily turn a simple drug possession for personal use to a supply charge.

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WHAT PENALTIES WILL I FACE?

ON-THE-SPOT FINE/PENALTY NOTICE

At music festivals in NSW, individuals caught with any ‘illegal substance’ may face an on-the-spot fines or penalty notices; these serve as an immediate sanction issued by law enforcement, typically these fines are usually around $400, at the discretion of the police.

For more serious offences such as drug supply, these immediate penalties are generally not applicable and can face harsher consequences. It is important to be aware that accepting such fines constitutes admission of guilt, with implications for one's criminal record for the future.

CANNABIS CAUTION

For those festival-goers caught possessing cannabis, a cannabis caution may be applicable, similar to a penalty notice, a police under their discretion may decide to issue a warning/caution to anyone who is in possession of 15 grams or less of cannabis and admits to having in possession for personal use.

A drug caution is like a warning, meaning it does not result in a criminal record or the imposition of fines, though it does result in a record of caution maintained. However it is important to note that not just anyone can receive a cannabis caution, police cannot issue caution if the offender has received a caution before, was caught committing another criminal offence at the time, is a repeat drug offender and has past convictions related to sexual assault and/or violence.

PENALTIES FOR DRUG POSSESSION

For those found in possession of drugs at a music festival, the penalties can vary significantly depending on the type of drug and its quantity. Each substance is classified under different schedules, and the maximum penalties are determined accordingly.

PENALTIES FOR DRUG SUPPLY

The penalties for drug supply in NSW are outlined in the Drug Misuse and Trafficking Act 1985 and can be severe, especially for trafficable amounts or larger quantities of illicit drugs. The Act categorises different types and quantities of drugs, each carrying varying levels of maximum penalties.

Being caught with drugs at a festival, particularly in quantities classified as trafficable or above, can lead to significant legal consequences, emphasising the importance of seeking legal representation to navigate the complexities of the law, avoid convictions, or minimise the impact on one’s criminal record.

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IMPORTANCE OF LEGAL HELP | FARAJ DEFENCE LAWYERS

When faced with drug-related offences, particularly arising from incidents at music festivals, securing adept legal representation is crucial. At Faraj Defence Lawyers we specialise in defending drug-related cases, leveraging our expertise to guide our clients towards the best possible outcomes. Striving for section 10 non-convictions and the avoidance of criminal records, our firm diligently works to protect the rights and futures of our clients.

Whether it's negotiating for lesser charges or representing our clients in court, our commitment to achieving favourable outcomes is unwavering. For individuals caught with drugs at a festival, immediate action and informed decision-making are paramount. By reaching out to our team of defence lawyers, you're enlisting help to professionals who are well-versed in drug offences and dedicated to winning your case.

If you or someone you know is charged with a drug-related offence at a music festival or rave, contact us today to receive your free initial consultation by calling (02) 8896 6034 or emailing us at af@farajdefencelawyers.com.au.

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