Introduction of drugs into a correctional facility is regarded as one of the greatest offences in Australian law, and only through the help of a drug criminal defence lawyer can one find justice. The act jeopardizes the safety, order, and rehabilitative environment in the prisons. Law enforcers categorize it as a serious offence and harshly punish the offenders who are caught with the intention of smuggling drugs either to use them personally or to sell or distribute them to another inmate.
One should know the law, potential punishment, and your legal rights should you or any one of your acquaintances be accused of such a crime. That is where drug offence lawyers Perth can help.
Each state and territory in Australia has firm laws and guidelines against the introduction of illegal drugs or substances into prisons.
In Western Australia, some of the primary provisions that regulate such crimes are the Prisons Act 1981 (WA) and the Misuse of Drugs Act 1981 (WA). The Prisons Act 1981, section 96 states that it is against the law to enter or attempt entry into a prison or give a prisoner a prohibited substance.
The law applies to all illegal substances, including:
Even minor sums can result in heavy fines. The purpose, be it to traffic, supply, or mere possession, also affects the level of the penalty. By hiring the best criminal defence lawyer, you will be able to know how these laws apply in your case.
The crime does not just deal with smuggling drugs into prisons via the gates. It can include:
Although the attempt may fail or no drugs were discovered within the premises, the act of trying to smuggle drugs into a prison is still punishable under Australian law. This implies that intent and preparation suffice to prove an offence.
Punishments are based on reasons including:
Penalties in Western Australia for drug smuggling in prisons can be up to 10 years imprisonment and fines, severely undermining rehabilitation and increasing crime rates.
The legality of your case is a strong defence that rests on the facts of the case. The experienced drug offence lawyers in Perth will look at all the areas of the charge to find the possible weak areas of the evidence presented by the prosecution. Common defences include:
To make a perfect case, the person must not only know the law of crime, but must also have experience in working with evidence. It can also be of great importance to hire a drug criminal defence lawyer who knows how things are done locally.
An appeal can still be made in case of conviction. Criminal appeal lawyers in Perth are experts in determining the legal or procedural flaws in a trial. They look through court records, witness testimonies, and adjudications to see whether your rights were infringed upon.
Depending on the case, the appeals may result in a lighter sentence, retrial, or acquittal. Having the assistance of qualified criminal appeal lawyers will guarantee that all possible grounds of appeal are well explored and brought before the court of appeal.
The importation of drugs in a jail is a criminal offence that is severely punishable as per the Australian laws, and was implemented to ensure the security of the prisons and society at large. The legal implications are much bigger than merely a possession charge, which will affect your future and your freedom.
Any individual who has been accused of such allegations should consult expert drug offence lawyers in Perth. Through a proper legal approach and qualified defence, one can navigate through the otherwise complicated legal department and strive to deliver the most favourable result.