Possession with Intent to Supply Class A First Offence: What to Expect

If you are found to be in possession of drugs, and it is suspected that you are holding them to pass on to another person, you could face a conviction of possession with intent to supply (PWITS). As you might expect, the class of drug that is found in your possession will have an effect on the potential punishment you could face.

Even where you are convicted of possession with intent to supply Class A as a first offence, the serious nature of the crime means that you could still be liable to receive heavy penalties.

Here, we discuss everything you can expect if you are facing a charge of possession with intent to supply Class A drugs as a first offence in the UK, including the relevant sentencing guidelines that you should be aware of and what defences you may be able to use.

Please note that the following article is for informational purposes and should not be taken as legal advice. If you are concerned about a PWITS charge, please get in touch,  and our team can advise you.

Do first-time drug dealers go to jail in the UK?

It is important to stress that offences involving ‘drug dealing’, including possession with intent to supply Class A drugs, are treated very seriously. Under certain circumstances, you could go to jail if you are convicted of possession of Class A drugs as a first offence, particularly where it can be demonstrated that there was an intent to supply.

Being a first-time offender can act as a mitigating factor when it comes to sentencing, but it may not be a sufficient enough reason in itself to prevent a prison sentence being handed out.

This highlights the importance of receiving tailored legal advice from expert criminal defence solicitors when you are facing allegations of possession with intent to supply as a first offence.

What are Class A drugs?

In the UK, controlled drugs are divided into three classes: A, B and C. Class A drugs are considered to be the most dangerous and, as such, carry the most serious penalties for relevant offences.

Examples of Class A drugs include:

• Crack cocaine
• Cocaine
• Ecstasy (MDMA)
• Heroin
• LSD
• Magic mushrooms
• Methadone
• Methamphetamine (crystal meth)

What is possession with intent to supply (PWITS)?

As can be expected, having controlled drugs in your possession is against the law. However, where the police believe that you are holding the drugs with the purpose of passing them on to another person, this is a more serious offence.

It is important to note that, to bring forward a charge of possession with intent to supply, the prosecution does not need to show whether the intent to supply was for profit. Simply providing drugs to a friend could amount to possession with intent to supply.

The prosecution needs to prove beyond reasonable doubt that:

• The drugs were in your possession
• The drugs were controlled (Class A drugs in the case of possession with intent to supply Class A)
• The intention was to supply the drugs to someone else

How is intent to supply proven?

As the offence of possession with intent to supply focusses heavily on intent rather than an act of supply actually taking place, it is important to understand how the prosecution typically go about proving intent.

Prosecutions in possession with intent to supply trials are often based on circumstantial evidence and/or statements which are made by a defendant.

Evidence used by the prosecution to attempt to prove possession with intent to supply will often include:

• Drug paraphernalia
• Large/unexplained amounts of cash
• Cutting agents
• Lists of names and amounts of money owed
• Mobile phone records
• Text messages
• CCTV evidence
• Evidence of extravagant lifestyle

By way of contrast, a lack of this type of evidence can also be used to build a strong legal defence. This is something our solicitors can advise you on.

How much drugs amount to an offence of possession with intent to supply?

Technically, there is no legal minimum for the amount of drugs it takes for an offence to be brought forward. Being in possession of any amount of controlled drug could lead to a charge being brought if the prosecution is able to prove beyond reasonable doubt that there was an intention to supply.

In theory, if you are caught in possession of a very small amount of a certain drug, it may be possible to make the defence that there was no intent to supply and that it was for the purposes of personal consumption.

How long do you go to jail for possession with intent to supply Class A drugs?

Possession with intent to Supply Class A drugs sentencing guidelines vary depending on a wide range of factors, including the value of the drugs in question, your position within a supply chain, the amount of drugs involved and, importantly, whether you have any previous convictions.

Possession with intent to supply Class A sentencing guidelines indicate that the maximum custodial sentence you could be handed for possession with intent to supply Class A drugs is life imprisonment. The offence range is between a high-level community order and 16 years’ imprisonment.

The sentence for possession with intent to supply Class A as a first offence may be less severe, as this can often act as a mitigating factor.

What is the minimum sentence for possession with intent to supply Class A drugs?

The minimum sentence for possession with intent to supply Class A as a first offence in the UK is a high-level community order. This will be in cases where there are various factors that indicate a less serious penalty should be handed out, potentially including cases where you are a first-time offender.

Do cases of intent to supply Class A as a first offence get tried in the Magistrates’ or Crown Court?

The offence of possession with intent to supply is typically triable in either the Magistrates’ or Crown Court. However, where the offence involves possession with intent to supply Class A drugs, it is very rare for a case not to be sent to the Crown Court by the Magistrate.

This remains true in possession with intent to supply as a first offence in the UK.

Does being a first-time offender act as a defence in possession with intent to supply cases?

Simply being a first-time offender is not a defence in itself. If the prosecution can demonstrate beyond reasonable doubt that you were in possession of controlled drugs and there was an intent to supply them to another person, this will mean a conviction is possible – regardless of whether it is your first offence.

Being a first-time offender can, however, be a mitigating factor, meaning the sentence handed out is less severe. Additional mitigating factors include the incident being isolated, the alleged offender demonstrating good character, age and/or lack of maturity, or being involved due to pressure, intimidation or coercion.

What should you do if you are facing allegations of possession with intent to supply as a first offence in the UK?

If you have been arrested, or are under investigation, for possession with intent to supply Class A drugs, it is essential that you clearly understand your legal rights and what actions could undermine your legal defence. Instructing an expert criminal defence solicitor is therefore essential.

At JD Spicer Zeb, our drug offence solicitors have substantial experience and expertise in defending those facing a PWITS charge. When instructed, our team will carefully assess the particulars of your case and work to build the strongest possible defence.

With over 45 years of experience in representing individuals accused of possession with intent to supply, we are well-positioned to support you if you are concerned about the prospect of facing a charge of possession with intent to supply.

We are highly skilled at handling and presenting the various types of evidence which are used during criminal investigations. We will be able to clearly identify any flaws in the case against you, and highlight any evidence which supports your position.

We are accredited by the Law Society for Criminal Litigation. This, coupled with our strong track record of success, has allowed us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a possession with intent to supply charge, we are here to provide you with the support you need.

Related matters:

• Being Concerned in the Supply of Drugs
• Conspiracy to Supply Class A Drugs
• Conspiracy to Supply Class B Drugs
• Conspiracy to Supply Steroids
• County Lines Drug Dealing Offences
• Drug Trafficking Defence
• Importation of Drugs
• Importation of Steroids
• Money Laundering
• Possession of Drugs
• Possession of Drugs With Intent to Supply
• Production of Drugs and Cultivation of Cannabis

Fees and funding

We always want to be open and honest when dealing with the matter of legal fees.

If you are accused of possession with intent to supply and need to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid depends on whether the grant of public funding is justified on a means and interest of justice basis.

In situations where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?

Contact our drug offence solicitors today

For a free initial consultation (subject to exceptions), urgent specialist advice, immediate representation at the police station, or to speak to us confidentially about allegations of possession with intent to supply Class A drugs, please do not hesitate to get in touch.

You can contact our dedicated possession with intent to supply solicitors in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for criminal defence allegations

Please get in touch for a free initial consultation with one of our expert possession with intent to supply solicitors, as well as immediate representation and advice on dealing with allegations relating to aggravated burglary.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.