EWJ 60 April 2025 web - Journal - Page 86
identity of these items, formal testing is essential for
accurate reporting under the Misuse of Drugs Act
1971.
Case Examples: The Value of Forensic Expertise
Anonymised case studies shared during the webinar
highlighted how forensic drug analysis underpins fair
legal outcomes by challenging assumptions and
ensuring evidence is interpreted accurately.
2. Purity Determination:
For substances such as heroin or cocaine, purity
analysis determines the percentage of the active drug
present in a seized sample. This is vital for assessing
where the drug fits within the supply chain and for
understanding connections between drug batches.
Here are three notable examples:
1. Cannabis Yield Reassessment:
A police raid uncovered 25 mature cannabis plants
and 52 cuttings. The initial assessment included all
plants and cuttings, estimating the yield from 77
plants. However, the case was reassessed, factoring in
the survival rates of cuttings and the capacity of the
lighting system. This reassessment reduced the
estimate to 65 plants, lowering the projected yield
by nearly 1kg. The correction ensured accurate
sentencing and asset valuation under the law.
3. Cannabis Yield Estimations:
Unique to forensic drug analysis is the estimation of
cannabis yields. This involves assessing how much
saleable cannabis could be produced from a growing
operation. Factors such as the number of plants, their
condition, and the sophistication of the setup all influence yield calculations, which can significantly impact sentencing or asset recovery under the Proceeds
of Crime Act.
2. Drug Valuation Adjustment:
In another case, cannabis valued at £2,500 was
reassessed based on its packaging. The original valuation assumed the cannabis was divided into smaller
deal-sized portions, but evidence showed it was seized
as a single bulk package. The wholesale value was recalculated at £1,400, significantly reducing the financial implications for the defendant. This highlighted
how improper assumptions in valuation can unfairly
affect legal outcomes.
4. Drug Valuation:
Valuations of seized drugs consider purity, market
conditions, and packaging sizes. For example, during
the COVID-19 lockdown, supply chain disruptions
led to higher street prices for drugs. Understanding
these variables ensures valuations presented to the
court reflect real-world market dynamics.
5. Interpretation of Covert Drug Language:
Mobile phone messages often serve as evidence in
drug cases, but the coded language used by dealers
requires expert interpretation. Forensic Consultants
decode terms and phrases to provide clarity in court,
particularly in cases of conspiracy to supply.
3. Covert Drug Language Interpretation:
A suspect charged with conspiracy to supply cannabis
had over 10,000 pages of phone messages examined.
After searching for terms like “kush” and “star dog,”
only one message of interest was identified-a marketing message sent to the suspect rather than by them.
This crucial finding contradicted the conspiracy
charges, enabling the defence to challenge the
prosecution’s case.
6. Emerging Substances and Legal Classification:
As synthetic cannabinoids and psychoactive substances
continue to evolve; experts play a crucial role in ensuring that new drugs are correctly identified and classified. This requires a deep understanding of both the
Misuse of Drugs Act and the Psychoactive Substances
Act.
EXPERT WITNESS JOURNAL
The Challenges of Emerging Substances
One of the most complex aspects of modern
forensic drug analysis is addressing the emergence
of new psychoactive substances, including synthetic
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