Possession with Intent to Supply

Possession of a controlled drug with an intent to supply is one of the most serious criminal offences and if you have been charged with such an offence, obtaining the best criminal defence advice and representation is imperative. At JD Spicer Zeb Solicitors, we have over 45 years’ experience in advising clients who have been charged with serious drug offences.  We have represented individuals charged with supplying small amounts of drugs, to people involved in organised crime.  Not only do our Solicitors have an in-depth understanding of the Misuse of Drugs Act 1971, but we have also developed relationships with some of the most highly skilled criminal barristers in the UK who we can instruct to represent you.

We have offices in London, Birmingham, and Manchester and our team can be contacted 24 hours a day, seven days a week for emergency legal advice and representation.  If you have been arrested in connection with a suspected drug-related offence, it is crucial to contact us immediately.

Led by our partners, our team can represent you in the Magistrates’ Court or Crown Court. In addition, our team can provide 24-hour police station representation. Because, anything you say or do upon arrest can affect the outcome of your criminal matter, we provide expert advice at a crucial time, ensuring your best interests are always protected.

JD Spicer Zeb Solicitors is Lexcel-accredited, meaning we meet the highest levels of good management and customer care set by the Law Society of England and Wales.  In addition, we were awarded the Law Society Excellence in Practice Management Award in 2012.  Our expert team speaks multiple languages, and we have approved external interpreters who can assist us if required.  By instructing us, you can be assured of receiving some of the most comprehensive, high-quality legal services in the UK.

What is a ‘controlled drug’?

A controlled drug is one where its production, use, and supply is controlled or restricted by legislation such as the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001. A non-exhaustive list can be found here. 

To gain a conviction for possession with intent to supply, points to prove for the prosecution  (beyond reasonable doubt) are that:

• You were in possession of drugs
• The drugs are controlled drugs, and
• You intended to supply the drugs to another

These are sometimes referred to as ‘PWITS points to prove’ with PWITS being the acronym for ‘possession with intent to supply’.

Our criminal defence Solicitors have the expertise required to quickly spot any flaws and/or weaknesses in the Prosecution’s case and build a robust defence in your favour.  You may wish to plead guilty to being in possession of a controlled drug, but not guilty in terms of having an intent to supply.  We will advise you on the best course of action at the outset of your case, to ensure the best possible outcome is achieved.

How does the Prosecution prove ‘intent to supply’?

If you have been charged with intent to supply a controlled drug, the Prosecution does not need to prove you physically passed the control of the drug to another person, only that you intended to do so. 

PWITS legislation is clear that supply includes distributing. If you offer your cannabis cigarette to another, you are, in law, supplying the other person with a controlled drug.  An exchange of money is not required, and profit will only be relevant to the sentence you receive should you be convicted. 

Prosecutions in possession with intent to supply trials are often based on circumstantial evidence and/or statements made by the defendant at the time of arrest or during the course of a police interview.  Even a seemingly innocent statement such as “I was looking after these LSD tablets for a friend” could result in a charge of intent to supply.  For this reason, it is vital that you make no statement without having one of our team present.  We can engage in strategic negotiations with the Prosecution to reduce the charge from the possession of a controlled drug with intent to supply to one of possession for personal use.

To prove the defendant is dealing drugs, the Prosecution will attempt to put forward many different types of evidence. Your property will most likely be searched, and the Prosecution may use any of the following finds to gain a conviction for intent to supply:

• Drugs paraphernalia (including electronic scales, cling film, and small bags used to package and distribute drugs)
• Large amounts of cash
• Cutting agents
• Lists of names and amounts of money owed
• Mobile telephone records and/or text messages
• Evidence (either from witnesses or CCTV) of the defendant regularly meeting many individuals, often for short amounts of time, and
• Evidence of an extravagant lifestyle.

It is important to note that a lack of such evidence as listed above can be used to build a strong defence.  At JD Spicer Zeb Solicitors, we will carefully gain all the information relevant to your case in order to swiftly establish if there is a lack of circumstantial evidence to point to an intent to supply.

How can I defend a charge of possession with intent to supply?

Section 28 of the Misuse of Drugs Act 1971 provides a defence to the charge of possession with intent to supply if the accused did not know, nor suspect, nor have reason to suspect the existence of some fact used by the Prosecution to gain a conviction. 

To gain a conviction, the Prosecution must prove you intended to supply the drugs to another person.  Our Solicitors have the expertise and experience to create a strong defence that there is no evidence to suggest that you had the requisite intent to supply drugs. 

What are the possession with intent to supply defences?

Further to the information above, there are various specific defence strategies that can be used in relation to a possession with intent to supply charge.

Some common defences against a possession with intent to supply charge include:

• That you were not aware that you were in possession of a drug (e.g. if you believe someone planted the drugs on you)
• That you were not aware that the drugs in your possession were controlled substances (e.g. you thought they were something legal, like paracetamol)
• That you were acting under duress (i.e. someone else was forcing you to take possession of and/or supply the drugs to others)

Exactly what defence strategies you can rely on and how effective they are likely to be is highly dependent on the specific circumstances of your case, so for this reason, it is especially important to have the best possible legal defence team.

Will I be tried in the Magistrates’ Court or the Crown Court?

The offence of possession with intent to supply is triable in the Magistrates’ Court or the Crown Court.  However, if the offence is one where the sentence is of at least seven years’ imprisonment, the case will be indictable only, which means it must be tried in the Crown Court. In practice, it is very rare for a case involving Class A or B drugs not to be sent to the Crown Court by a Magistrate.

Will I go to prison if convicted for possession with intent to supply?

Many factors influence the sentence applied to a conviction of possession of drugs with intent to supply. These include the street value of the drugs, how far up the supply chain you are, the amount of drugs involved, and whether you have had previous convictions.

The maximum custodial sentences are as follows:

• Class A drugs – on indictment - life imprisonment, in the Magistrates’ Court six months
• Class B drugs – on indictment - 14 years, in the Magistrates’ Court six months, and
• Class C drugs – on indictment - 14 years, in the Magistrates’ Court three months

If you are convicted of possession with intent to supply, it is likely an application for proceedings will be made under the Proceeds of Crime Act 2002 for the confiscation of any benefit you gained from the criminal conduct.

Our Solicitors will adduce any mitigating factors which may reduce the sentence handed down if you are convicted and ensure they are presented to the Court in a persuasive manner.

Can I appeal the Court’s decision?

You can appeal against your conviction or sentence or both.  We will explain your appeal rights to you and ensure you fully understand the options available.  If you choose to appeal, we will make the application to the Court within the relevant time limit and ensure your appeal is run effectively, with the relevant matters robustly argued.

Contact our criminal law defence solicitors today

If you have been charged with possession of a controlled drug with intent to supply, you must seek experienced legal advice immediately.  For urgent specialist advice, prompt representation or to speak to us confidentially about any criminal matter, please do not hesitate to contact our dedicated team of criminal defence lawyers in London, Birmingham and Manchester by telephone:

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

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.

In Urgent Cases

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.