Elements of the offence of production of a controlled drug

It is an offence to:

1. •

   be concerned

2. •

   in the production

3. •

   of a controlled drug

Production of a controlled drug is an offence which is Triable either way. It can therefore be dealt with in either the magistrates’ or Crown Courts.

The meaning of 'being concerned' in the production of a controlled drug

Case law is clear that in order to obtain a conviction for this offence the Crown must prove that the defendant played an identifiable role in the production of the drug (R v Farr).

The leading case on this point is the case of Farr. The defendant allowed two people to use his kitchen to produce heroin; there was no prior agreement. The Court of Appeal quashed his conviction, holding that there had to be some identifiable participation in the process of producing a controlled drug; on the facts of the case, nothing more than passive presence could be established. The appropriate charge in these circumstances would