How can Bericon help with your POCA cases?
Drug use and valuation analysis play a critical role in legal contexts where substance-related issues arise. The expertise of Bericon’s team proves invaluable when providing valuable evidence for use in cases. Whether cases involve drug trafficking, possession, distribution or manufacturing. Forensic evidence in drug cases is often vital.
Drug use and valuation can be vital in proceedings, where accurate valuation of drug seizures is required. In addition, our forensic analysis could be used in cases that involve driving under the influence, workplace drug testing, and custody battles that involve allegations of substance abuse. As well as criminal investigations which include drug-related offences.
In more serious investigations a major consideration can be the valuation of a drug seizure and Bericon is able to assess recovered amounts in light of wholesale and retail prices. This is particularly relevant in Proceeds of Crime Act (POCA) cases where we often find that the financial valuations presented in the Section 16(3) document are excessive.
Case Study – Key Information:
– The defendant pleaded guilty to the Possession with Intent to Supply a series of Class A, Class B and Class C Controlled Drugs and they were the subject of the POCA.
– Police officers attended and then searched an address which is the home address of the defendant.
– They recovered a number of significant items including quantities of material which were later identified by laboratory analysis or visual examination as Methylenedioxymethylamphetamine (MDMA or ecstasy) cannabis “bud,” dimethoxychloroamphetamine (DOC) and diazepam.
– The accumulated information was assessed by a PC and they assigned valuations to the materials based on the sale of:
| Cannabis in 1 gramme street deals | £10 |
| MDMA | £10 per tablet and £40 per gramme (powder) |
| DOC | £10 each |
| Diazepam | £2 per tablet |
The Benefit Figure in the Section 16 document for the recovered drugs was reported as £83,376 before CPIH.
Expert Instruction:
Bercicon’s expert was requested to prepare a report that reviewed the value of the recovered materials.
Expert Findings:
It is apparent that quantities of cannabis flowering tops material, MDMA powder and tablets of diazepam, MDMA and dimethoxychloroamphetamine were recovered from the home address of the defendant.
Whilst the Benefit figure presented in the Section 16(3) document utilises a valuation of the cannabis in street deal quantities of one gramme costing £10, the basis of that assumption (street deaing) is not apparent from the supplied information. In Bericon’s expert opinion it is entirely reasonable for the recovered cannabis to be valued in one ounce quantities equating to £220. This represents a 20% reduction on the figure for cannabis presented in that document.
This latter figure is also dependent on the recovered cannabis materials being correctly identified as “bud” or flowering tops and additional work in this regard may need to be undertaken.
In relation to the MDMA and DOC tablets, Bericon’s expert believes that the assignation of £10 per tablet is excessive. A mid-point figure of £5 is more reasonable.
The assignation of £1 per tablet of diazepam is however reasonable.
The Section 16(3) document refers to £40 per gramme of MDMA powder but Bericon’s expert believe a figure of £25 is more reasonable.
The culmination of the above is a reduction (40%) in value for the non-cannabis materials recovered in the case.
In summary, Bericon’s experts valuation of the recovered drugs is £64,564 before CPIH representing about 23% reduction on the figure suggested in the Section 16(3) document.
Are you a criminal defence solicitor looking for an expert witness in a POCA case? Contact us today.
Curious to Learn More?
Stay informed about the fascinating intersection of science and justice. Keep reading our blog for more insights into forensic science case studies, expert witnesses, and their impact on the UK legal system.
