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 about the prevalent issue of drug possession and other common charges at these types of events. Illicit drug use and the possession of illicit substances are key concerns at festivals, drawing significant attention from law enforcement.

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. Police frequently deploy sniffer dogs to detect illicit substances among festivalgoers. In NSW, hundreds find themselves facing serious legal charges each year, with the overwhelming presence of police and drug dogs at these music festivals. Police also focus on curbing anti-social behaviour, including alcohol-fuelled violence and disruptive conduct, to maintain safety at large-scale events. Knowing your legal rights is essential during these encounters.

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. You have the right to remain silent when questioned by police. 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 not to 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 the 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’. A police search involves police officers examining your person or belongings for evidence of illegal substances or items, and must be conducted according to legal procedures.

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. Strip searches must not be conducted in view of a person of the opposite sex, unless it is not reasonably practicable to do otherwise. Additionally, strip searches do not involve examining a person's body cavities unless conducted at a police station with proper authority.

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 the lawfulness of any search conducted.

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

When a police officer suspects someone of possessing drugs, they must have reasonable grounds and follow strict procedures before conducting a search.

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

• Drug Supply

DRUG POSSESSION

A Drug Possession charge involves having an illegal drug in one’s immediate physical custody, in which the individual can exercise exclusive control over it. 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. However, if you are found with only a small quantity of a prohibited drug, the penalties may be less severe, and you may be subject to on-the-spot fines or reduced legal consequences.

DEEMED SUPPLY

A Deemed Supply charge can be faced by an individual who 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 that 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. However, to be found guilty of deemed supply, the prosecution must prove the case beyond a reasonable doubt.

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 essential for festival-goers to be aware of the specific criteria that can easily turn a simple possession of a drug for personal use into a supply charge. The maximum penalty for drug supply offences under this legislation can be up to life imprisonment or a substantial fine, depending on the quantity and type of drug involved.

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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 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 offenders can face harsher consequences. It is important to be aware that accepting such fines constitutes an 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. Cannabis cautions are part of a scheme where, similar to a penalty notice, the 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 it for personal use.

A drug caution is akin to a warning, meaning it does not result in a criminal record or the imposition of fines, although it does result in a record of caution being maintained. However, it is important to note that not just anyone can receive a cannabis caution. Police cannot issue a caution if the offender has received a caution before, was caught committing another criminal offence at the time, is a repeat drug offender, or has prior convictions. Specifically, prior convictions related to drugs, violence, or sexual offences make someone ineligible for the caution scheme.

Those who receive a cannabis caution may be referred to a drug information service, such as the Alcohol and Drug Information Service (ADIS), for education and support.

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. If you are charged with drug possession, you may be required to attend court to answer the charges.

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. The outcome for an individual may also depend on whether they are pleading guilty or not, as this can affect the severity of the penalties imposed.

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. In some cases, the court may impose a conditional release order requiring the individual to attend drug and alcohol treatment programs as part of their sentence.

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COURT ATTENDANCE AND NOTICES

WHAT TO EXPECT IF YOU RECEIVE A COURT NOTICE

If you’ve been caught with drugs at a music festival, receiving a court attendance notice can feel overwhelming. This official document outlines the drug-related charges you’re facing, the date and location of your required court appearance, and important details about your case. It’s crucial to take this notice seriously, as ignoring it can lead to further legal trouble and increase the risk of a criminal conviction or a permanent mark on your criminal record.

Understanding your legal options is the first step. Drug laws in New South Wales, including the Drug Misuse and Trafficking Act 1985, are complex and carry significant consequences for offences such as drug possession or supply. Seeking legal representation as soon as you receive a court attendance notice is essential. An experienced lawyer can explain the charges, help you understand the potential outcomes, and guide you through the process to minimise the impact on your future. Remember, being proactive and informed can make a significant difference in the outcome of your case.

PREPARING FOR YOUR COURT DATE

Proper preparation for your court date is key to achieving the best possible result. Once you’ve engaged a lawyer, they will help you gather all relevant evidence, review the circumstances of your arrest, and develop a strong defence strategy. For example, if you’re facing a drug possession charge, your lawyer may examine whether the police officer had reasonable grounds to search you or if the search was conducted lawfully. If you’re accused of possessing a prohibited drug for supply, your lawyer can argue that the quantity was for your own personal use, not for distribution.

It’s also important to discuss with your lawyer whether you may be eligible for the cannabis caution system, which can sometimes result in a caution rather than a criminal conviction for minor cannabis offences. By understanding the details of the drug possession charge, the role of reasonable grounds, and the nuances of the cannabis caution system, you and your lawyer can make informed decisions about your defence. Being well-prepared not only helps you feel more confident but also increases your chances of a favourable outcome in court.

HOW A LAWYER CAN HELP WITH COURT PROCEEDINGS

Having a skilled lawyer by your side during court proceedings can make a significant difference in the outcome of your case. From your first court appearance to the final decision, legal representation ensures your rights are protected and that you fully understand the maximum penalties you may be facing. A lawyer can negotiate with the prosecution, potentially securing a plea deal or arguing for a non-conviction penalty, such as a conditional release order or a cannabis caution, depending on the circumstances of your case.

Your lawyer will also help you present character references, highlight any mitigating factors, and advocate for the most lenient outcome possible. Whether you’re facing a drug possession charge or a more serious drug-related offence, professional legal help is invaluable in reducing the risk of a conviction and protecting your future. Don’t face the complexities of the legal system alone—seek legal representation to give yourself the best chance at a positive result.

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