Possession with intent to supply is a serious charge, and if you’ve been accused, it’s vital that you seek the support of an expert solicitor.
Drug laws can be complicated, particularly those that establish the difference between possession and possession with intent to supply. There are plenty of factors that influence which offence is charged, and how severe the penalty will be.
If you or a loved one is facing an intent to supply charge, you’ll likely be interested to learn how the police prove intent to supply. In this article, we’ll answer this question along with the potential outcomes and possible defences to your case.
If you’d like immediate support with a drugs possession and supply accusation, please do not hesitate to contact us at Conspiracy Solicitor.
What is intent to supply?
Intent to supply means that an individual is suspected of possessing a controlled drug, with the intention of giving the drug to another person.
The charge covers the intent to give drugs to a friend for free and or to sell drugs for a profit. To be convicted, the accused only needs to have intended to commit the action, whether they actually succeeded or not.
What is the difference between possession and possession with intent to supply?
Possession refers to an individual having possession of a controlled drug, for example, having that drug on their person and consuming it for recreational purposes.
Possession with intent to supply means that the individual in possession of the drug was planning to supply it to another person, (whether on a small or large scale, for profit, or not for profit).
How do the police prove intent to supply?
To prove possession with intent to supply, the police do not need to demonstrate that the accused physically gave a controlled drug to another individual. The only need to prove that there was an intent to do so.
The crime is governed under the Misuse of Drugs Act 1971. To be found guilty, the prosecution will need to show that:
- The defendant was in possession of drugs, (meaning that the drugs were in the individual’s control or custody)
- The drugs were controlled substances (under the Misuse of Drugs Act)
- The person had the intent of giving the drugs to another individual
Under UK law, supply also includes distribution. This means that a person who offers cannabis to another is viewed to have supplied that individual with a drug. The act is considered supply regardless of whether financial exchange took place.
Intention to supply can be proved using direct evidence, for example, surveillance evidence or testimonies from witnesses.
The police may also seek to prove the intent to supply with inference, for instance, inferring the intention with the following evidence:
- The presence of controlled drugs (in a quantity that suggests the drugs were not for personal use only)
- Possessing a range of different types of drugs, (suggesting these were being sold rather than consumed by the individual)
- Any drugs paraphernalia, such as electronic scales, or small bags commonly used to distribute drugs
- Large amounts of money
- Incriminating mobile phone records or text messages
- Evidence that the defendant has an ‘extravagant lifestyle’, (perhaps which does not match the job they claim to have)
- Evidence that the defendant regularly meets with different people, and only for brief time periods
Intent to supply cases are often time based on circumstantial evidence. Defendants tend to provide evidence when interviewed without realising that they are incriminating themselves. For this reason, it is essential that those accused have an expert drugs defence lawyer present at the police interview.
What happens if you get charged with intent to supply?
The sentence for possession with intent to supply will depend on the specifics of the case and the sentencing Court. Individuals who are sentenced by the Crown Court tend to receive more severe sentences.
The sentence given also depends on the Class of the drugs involved, for instance:
Class A Drugs: The defendant may receive an unlimited fine, a community order or 16 years- life imprisonment.
Class B Drugs: The defendant could receive an unlimited fine, a community order or 10- 14 years imprisonment.
Class C Drugs: The defendant could receive an unlimited fine, a community order or 8-14 years imprisonment
Those who are sentenced by the Magistrates Court tend to receive more lenient sentences, for instance, a fine of up to £5,000 and 6-months imprisonment.
What factors are taken into account when sentencing for possession with intent to supply?
When judges are determining these sentences, they will consider the following factors:
- Whether the individual has any previous convictions
- To what level the person shows remorse for the crime
- To what extent the individual cooperates during the investigation
- The defendant’s good character or reputation
- If the defendant has any dependents or a serious health condition
Our drugs defence lawyers understand the sentencing factors very well, putting us in the perfect position to help accused individuals build a strong case.
What are the defences of intent to supply?
To convict, the prosecution will need to prove that the defendant had the intention of supplying the drugs to someone else. Where the prosecution is attempting to convict an individual, that person’s solicitor will need to create a strong case to show that the individual had no intent to supply a controlled drug.
For intent to supply, there are general defences which may be used. These do not strictly relate to the crime itself but to the accused person, for instance:
- Defence of duress - being forced by circumstances, or by another person, to commit the offence
- Claim of intoxication -being drugged or dunk so that the authentic intention was not present
- Defence of automatism - being unaware of one’s own actions
- Claim of insanity - not having the mental faculties to commit the offence
- Self-defence - needing to commit the offence for protection, whether oneself, property, or others
- Defence of mistake - for instance, being mistaken to certain circumstances in relation to the offence
What are the specific defences for intent to supply?
As well as general defences, related to the defendant, there are also possible specific defences. These are defences that do relate to the crime itself.
For instance, lack of knowledge is a common specific defence. This defence includes situations where the defendant was not aware of something that was used against them by the prosecution.
Examples might include the defendant being unaware that they possessed the drug, perhaps because it was planted on them, or that they believed it was a legal painkiller.
How does the prosecution determine between possession or possession with intent to supply?
If there is evidence of intent to supply, the prosecution may attempt to pursue this charge instead of possession alone.
When making this distinction, the police gather evidence and review circumstances, for instance, the following:
- The defendant was in possession of a large number of drugs, (indicating that these were likely for sale)
- The individual possessed pure or uncut drugs (indicating that these may have been obtained from a manufacturer)
- Written evidence, such as customer details or money due to collect
How can Conspiracy Solicitor help?
If you or one of your loved one have been accused of intent to supply, and you need support with your defence, please contact our legal team at Conspiracy Solicitor. Equally, if you simply need help understanding the accusation, we can review your circumstances and provide legal advice.
We have represented a wide range of clients in such cases. We always take a sensitive yet robust approach to these matters, ensuring that you understand your options.
For more information call us as soon as possible on 0333 009 5968 for standard enquiries during office hours, or WhatsApp on 07535 215140 for 24/7 emergency support.