Emma Goodall secures an acquittal for her client charged with an offence under the Psychoactive Substances Act 2016

Emma Goodall secures an acquittal for her client charged with an offence under the Psychoactive Substances Act 2016

Emma Goodall represented a client before the Southwark Crown Court defending a charge of possession of nitrous oxide, commonly referred to as laughing gas, with intent to supply. After the defence raised a point of law upon the construction of the Psychoactive Substance Act 2016, the case was reviewed and no further evidence was offered. The issue turned upon whether nitrous oxide fulfilled the definition of a medicinal product and was consequently exempted from prohibition under the 2016 Act.

Had the case proceeded to a full trial expert scientific evidence would have been called challenging whether the prosecution could prove that nitrous oxide was a psychoactive substance within the definition of the 2016 Act.

It subsequently transpired that before the Taunton Crown Court an application to dismiss succeeded where it was also submitted that nitrous oxide was exempted from the 2016 Act. Together these cases have attracted considerable media coverage and we now wait with interest to see what impact this argument may have on past and current prosecutions.

Read about this case in the media here and here. 

Emma was instructed by Mike Boyd and Mark Fanthorpe of EBR Attridge LLP Solicitors.