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COULD I GET A SUSPENDED SENTENCE FOR POSSESSION WITH INTENT TO SUPPLY?

Being accused of possession with intent to supply drugs can be a life-altering event. The shock of arrest, the uncertainty of the legal process, and the fear of what might happen next can be overwhelming. If you or someone you care about is facing such allegations, you’re likely searching for answers: What does this offence actually mean? What are the possible penalties? And is there any chance of receiving a suspended sentence instead of going straight to prison? This article will break down the law, explain how sentencing works, and offer practical advice to help you make informed decisions about your next steps.

What is possession with intent to supply?

Possession with intent to supply is a serious criminal offence under the Misuse of Drugs Act 1971. It goes beyond simply having illegal drugs in your possession. To be charged with this offence, the police and prosecution must believe that you not only had drugs, but that you intended to distribute, sell, or otherwise supply them to others.

Intent to supply can be proven in several ways. Sometimes, it’s based on the quantity of drugs found (e.g. having amounts far greater than what would be considered for personal use). Other times, it’s the presence of items like scales, baggies, large amounts of cash, or lists of customers that suggest dealing. Even text messages or social media conversations can be used as evidence of intent to supply.

The law covers all controlled substances, from Class A drugs like heroin and cocaine, to Class B and C drugs such as cannabis and certain prescription medications. The seriousness of the charge, and the potential sentence, will depend on the type and quantity of drugs, as well as the circumstances of the case.

What are the typical sentences for possession with intent to supply?

Sentences for possession with intent to supply can vary widely, but the courts treat these offences with the utmost seriousness. The maximum penalties are severe: for Class A drugs, the maximum sentence is life imprisonment; for Class B, it’s up to 14 years; and for Class C, up to 14 years as well. In addition to prison, offenders can face unlimited fines and confiscation of assets believed to be linked to drug dealing.

That said, not every case results in the maximum sentence. Judges consider a range of factors, including the type and quantity of drugs, the role played by the defendant, whether there was any financial gain, and the presence of aggravating or mitigating circumstances. For example, someone caught with a small amount of cannabis and no evidence of commercial dealing may receive a much lighter sentence than someone found with large quantities of heroin and clear evidence of organised supply.

Sentencing guidelines provide a framework, but each case is unique. In some situations, especially where the defendant is young, has no previous convictions, or played a minor role, the court may consider alternatives to immediate custody, such as a community order or a suspended sentence.

What is a suspended sentence and how does it apply to these cases?

A suspended sentence is a custodial sentence that is not put into effect immediately. Instead of being sent to prison straight away, the individual is allowed to remain in the community for a specified period (which is usually between six months and two years) provided they comply with certain conditions, such as performing unpaid work, attending drug rehabilitation programmes, observing a curfew, or staying away from certain people or places.

If the person meets all the requirements and does not commit any further offences during the suspension period, they will not have to serve the prison sentence. However, if they breach the conditions or are convicted of another crime during this time, the original sentence can be activated, and they may be sent to prison.

Suspended sentences are intended to give offenders a chance to address the issues that led to their offending, while still holding them accountable. They are not available in every case and are always at the discretion of the court.

Is a suspended sentence possible for possession with intent to supply?

It is possible, though not common, for a court to impose a suspended sentence for possession with intent to supply. The judge will weigh the seriousness of the offence, the defendant’s personal circumstances, and their prospects for rehabilitation. If the court is satisfied that immediate imprisonment is not necessary and that the individual is unlikely to reoffend, a suspended sentence may be considered.

For example, if the defendant was found with a small quantity of drugs, played a minor role, has no previous convictions, and has shown genuine remorse, the court may be more inclined to suspend the sentence. On the other hand, if the offence involved large quantities, commercial dealing, or aggravating factors such as supplying to children or near schools, the likelihood of a suspended sentence is greatly reduced.

What factors influence the court’s decision on a suspended sentence for possession with intent to supply?

  • Type and quantity of drugs: Was the offence limited to a small amount of a less harmful drug, or did it involve large quantities of Class A substances?
  • Role in the operation: Was the defendant a minor player, perhaps acting under pressure or for someone else, or were they a key organiser or ringleader?
  • Evidence of commercial dealing: Was there clear evidence of selling for profit, or was the supply limited to friends or acquaintances without financial gain?
  • Aggravating circumstances: Did the offence involve supplying to children, near schools, or in a way that endangered the public?
  • Mitigating circumstances: Has the defendant shown genuine remorse, cooperated with the authorities, or taken steps to address underlying issues such as addiction or mental health problems?
  • Personal background: Factors such as age, health, family responsibilities, and previous criminal record are all relevant.
  • Risk of reoffending: Is there evidence that the individual is likely to commit similar offences in the future?
  • Ability to comply with conditions: Is the individual likely to adhere to the requirements of a suspended sentence, such as attending treatment or avoiding certain people or places?

How serious does possession with intent to supply have to be for a prison sentence?

Prison sentences are the norm for possession with intent to supply, especially when the offence involves Class A drugs, large quantities, or clear evidence of commercial dealing. Several factors increase the likelihood of a custodial sentence:

  • Large-scale operations: The greater the quantity of drugs and the more organised the operation, the more likely a prison sentence becomes. Running a “county lines” network or supplying drugs across regions is treated with particular severity.
  • Supplying to vulnerable people: Offences involving the supply of drugs to children, young people, or those with addiction issues are viewed extremely seriously by the courts.
  • Previous convictions: A history of drug offences or other criminal behaviour will demonstrate a pattern and significantly increase the chances of a custodial sentence.
  • Use of violence or weapons: Cases involving threats, violence, or the use of weapons are likely to result in immediate imprisonment.
  • Distribution near schools or public places: Supplying drugs in or near schools, Code Playgrounds, or other places where children are present is considered an aggravating factor.

The court will also consider the overall impact of the offence, including the harm caused to individuals and the wider community. In cases where the offence was out of character, the quantity was small, and there are compelling personal circumstances, the court may consider alternatives to prison, but this is less common for supply offences than for simple possession.

How can I improve my chances of receiving a suspended sentence for possession with intent to supply?

If you are hoping to avoid immediate imprisonment, there are several steps you can take to improve your chances of receiving a suspended sentence:

  • Get legal advice as soon as possible: An experienced solicitor can help you understand the charges, build a strong defence, and present your case in the best possible light.
  • Demonstrate genuine remorse: Courts are more likely to be lenient if you accept responsibility for your actions and express sincere regret.
  • Engage in rehabilitation: Attending drug treatment or counselling, particularly programmes focused on addressing substance misuse, can show a commitment to change.
  • Provide character references: Letters from employers, community leaders, or family members can help demonstrate that the offence was out of character and that you have strong support networks.

Where to get more help

The legal process can be complex, but early intervention and the right support can make a significant difference to the outcome of your case. If you or someone you care about is in this situation, don’t hesitate to seek expert legal advice. Contact the team at Stuart Miller Solicitors today to learn more about how we can help and what you next steps might be.

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