What counts as possession with intent to supply?

Possession with intent to supply is a very serious criminal offence, with the corresponding penalties being strict. If you have been charged with, or accused of, possession with intent to supply, it is essential that you seek out specialist legal advice and representation.

Understanding how the offence of possession with intent to supply works, and what actions would lead to charges being brought forward, is very important.

Here, we discuss what possession with intent to supply means, what actions can count as possession with intent to supply, what the sentencing guidelines are for the offence and how our expert solicitors can help you if you find yourself facing an accusation.

What counts as possession with intent to supply?

Under the Misuse of Drugs Act 1971, possession with intent to supply is a criminal offence which involves someone having drugs in their possession with the intention of supplying them to another party.

The wording ‘intent’ is key. For a charge of a possession with intent to supply to be brought forward, it simply needs to be shown that there was an intention for the drugs to be passed on. A physical transaction does not need to have taken place.

The supply of drugs does not have to be for profit, nor does there need to have been a financial exchange. Simply possessing and providing drugs to a friend could amount to a charge of possession with intent to supply.

How does the CPS decide whether to charge with possession with intent to supply?

When assessing a case, the Crown Prosecution Service would likely need to prove, beyond any reasonable doubt that:

  • You were in possession of drugs
  • These were controlled drugs (as per the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001)
  • You intended to supply the drugs to someone else

To establish these facts, the prosecution will rely on various pieces of evidence which point towards a plan being in place.

Evidence that could indicate a plan being in place could include, but is not necessarily limited to:

  • List of names and money owed
  • Drugs paraphernalia
  • Emails/text messages/phone calls
  • CCTV footage
  • Unexplained evidence of income

If an arrest took place while you had drugs in your possession, additional evidence that is taken at the time of the arrest could also be taken into consideration, such as:

  • Large quantities of drugs
  • Pure or ‘uncut’ drugs
  • Drugs that appear to have been prepared for sale
  • Large amounts of cash
  • Different types of drugs being possessed

What is a ‘controlled drug?’

A controlled drug is a substance which is illegal to possess, use, produce, or supply. These substances are regulated under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001.

What are the sentencing guidelines for possession with intention to supply?

The sentencing guidelines for possession with intent to supply are wide ranging and depend on various factors. This includes the class of drug a charge relates to.

Sentencing Council indicates that the sentencing guidelines for possession with intent to supply are:

  • Possession with intent to supply Class A drugs
    • Maximum sentence – Life imprisonment
    • Offence range: High level community order – 16 years’ custody
  • Possession with intent to supply Class B drugs
    • Maximum sentence – Life imprisonment
    • Offence range: Band B fine – 10 years’ custody
  • Possession with intent to supply Class C drugs
    • Maximum sentence: 14 years’ custody and/or unlimited dine
    • Offence range: Band A – 8 years’ custody

The sentence handed out for possession with intent to supply will also depend on an alleged offender’s culpability (the role they have played), the quantity of drugs involved, and whether there are any aggravating or mitigating factors.

Should I speak to a solicitor if I’ve been accused of possession with intent to supply?

If you have been accused of or charged with possession with intent to supply drugs, instructing a specialist criminal defence solicitor could make all the difference.

Having an experienced criminal defence solicitor on your side will ensure that you clearly understand your rights, what actions may impact your defence, and what steps need to be taken to build the strongest possible defence.

At Renshaw Derrick, our criminal defence team have considerable expertise with possession with intent to supply, as well as the various defence strategies that can be applied when these types of allegations are raised. This means that we are perfectly positioned to support you.

Get in touch with our drug offence solicitors today

Get in touch with our possession with intent to supply solicitors in Bournemouth by giving us a call, emailing mail@renshawderrick.co.uk, or by filling in our online enquiry form.