Drug Driving No Further Action
Drug Driving No Further Action
Drug Driving No Further Action – Am I Safe From Prosecution Now?
If the police tell you that in your case for alleged drug driving, No Further Action will be taken, this can sound like you’re in the clear. However, it’s important to understand that receiving a “No Further Action” notification does not equate to being declared “not guilty” or having your drug driving case dropped.
If you’d like clarification on this terminology, explore the page below or speak directly to one of our specialist drug driving solicitors today. You can call us for free and without obligation on 033 03411690 or Make A Free Enquiry. All enquiries are confidential.
“Hi Abdul, I would like to thank you and your team for looking after me after been charged with Drink Driving, from the initial contact with Nancy to speaking to you and especially Keiran who represented me in court, who I can’t thank enough. When I thought there was no hope you and Kieran sorted what I thought was a hopeless case. I would strongly recommend you to anyone in the same position. Again thank you to you and your team.”
Drug Driving No Further Action: Understanding the Terminology
In the “pre-charge” phase of a drug driving case (the stage before any charges have been laid against you in court), the police and Crown Prosecution Service will use legal terminology which may be unfamiliar and perhaps misleading. Two of the most noteworthy pre-charge terms are ‘caution’ and ‘No Further Action’. This quick guide provides clarity on these terms and their implications.
Caution
Being given a caution is possible when you have been found to have committed a minor offence (one too minor for the courts to pursue) and you accept you have committed that offence. If you accept a caution, you will avoid prosecution. However, it is crucial to be aware that accepting a caution means:
- You must accept you did what the police say you did
- You must accept the caution for doing so
- You will then have this caution marked on your criminal record. This has consequences on future employment and potentially puts you at risk of a heavier sentence in the event of a similar future offence.
The police must have sufficient evidence to give you a caution and believe that they could realistically prosecute you should it come to it. They must also judge that your offence is not serious enough to be in the public interest to go through the cost and effort of prosecuting.
Accepting a caution might seem like an easy way to avoid court proceedings, but it is vital to approach this decision carefully. A caution is based on the assumption that the police have sufficient evidence to proceed with a prosecution. You might not know whether they do without forcing them to disclose their evidence. Suppose you are “offered” a caution by the police in relation to drug driving. In that case, it is always worth discussing your situation with a specialist solicitor before deciding whether to accept it.
No Further Action (NFA)
In the pre-charge phase, the police may notify you that your case has been marked No Further Action or “NFA”. This may be because they have decided there is not currently insufficient evidence to proceed with a case against you. They may also decide it is not in the public interest to prosecute you at this time (usually because this is a costly and time-consuming process and they aren't sure of the evidence).
If your case has been marked for No Further Action:
- You will not be charged or cautioned at this time.
- You won't have it marked on your criminal record.
On the surface, this sounds like getting your drug driving cases dropped. However, it does not mean your case is closed—yet. It’s important to know that the police have up to six months to charge you from the date you were caught allegedly drug driving. This waiting time is the same for most motoring offences, like drink driving. However, if the incident involved injury or death or was otherwise serious, there is no time limit for prosecution.
Essentially, even if the police say they intend to take No Further Action against you, they still have until this six-month window closes to change their mind. This reconsideration may occur if new evidence emerges or the case is reviewed through mechanisms such as the Victims' Right to Review Scheme (VRR), which allows victims to request a review of why a case isn't being taken to court.
Contact Our Specialist Lawyers Today to Discuss Your Options
As in all legal matters, the way to ensure the best outcome is to speak to an expert. At Parnell and Peel Solicitors, we’re well-versed in motor offences and complex legal proceedings. Chat with one of our specialist drug driving solicitors today on 033 03411690 or by completing a free online enquiry to find out what No Further Action means in your particular case.
Keen to see our results? View our excellent track record of case studies and client testimonials to see how we've successfully handled similar cases and helped achieve favourable outcomes.
“Hi Abdul, I would like to thank you and your team for looking after me after been charged with Drink Driving, from the initial contact with Nancy to speaking to you and especially Keiran who represented me in court, who I can’t thank enough. When I thought there was no hope you and Kieran sorted what I thought was a hopeless case. I would strongly recommend you to anyone in the same position. Again thank you to you and your team.”