It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another who has no legal right to possess it.
Supply is the simple act of passing a controlled drug from one person to another. It does not matter if it was for profit or not. The issue of financial gain is only relevant for the purposes of sentencing. Supply can, therefore, range from passing a joint between friends to large scale supply of crack cocaine for profit.
Defending a charge of intent to supply
A person charged with possession with intent to supply can enter a guilty plea to the charge of possession and not guilty to supply, on the grounds that the drugs seized were for personal use. At this point the prosecution may cite evidence to attempt to prove guilt. Prosecutions for this offence may be based on circumstantial evidence, statements made by the defendant at the time of arrest and expert evidence.
Examples of relevant circumstantial evidence would include the possession of drug supply paraphernalia such as scales, bags, cling film and large sums of unexplained cash. The manner in which the drugs were wrapped could also be used as evidence of intent to supply, or to support the defendant’s case (if the offence is denied) that the drugs were for personal use.
Statements at the time of arrest can be important. For example, a young person who is caught in possession of two ecstasy tablets and tells the police, ‘I was holding them for a friend,’ could face a charge of possession with intent to supply.
In many cases the prosecution case will be built largely on the quantity of drugs seized, on the basis that the quantity was so large that it could not have been for personal use. Expert evidence can be crucial in such cases to help the court to determine whether this is the case.
Sentencing
Sentencing for any supply case is complicated and will depend on the quantity of drugs involved and the role of the offender - for example, social supply as opposed to supply for financial gain. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for supply cases:
Class A
Maximum: Life Imprisonment.
Offence range: Community Order – 16 years’ imprisonment.
Class B
Maximum: 14 years’ imprisonment and/or unlimited fine.
Offence range: Fine – 10 years’ imprisonment.
Class C
Maximum: 14 years’ imprisonment and/or unlimited fine.
Offence range: Fine – 8 years’ imprisonment.
There is more information on this issue in sentencing for drug offences.
If you have been arrested or charged for a drugs offence call or email Release for free and confidential advice.