Our Criminal Solicitors have substantial experience defending individuals being investigated or prosecuted for Possession with Intent to Supply Drugs charges. With an aggressive attitude to Criminal Defence, we are committed to being pro-active in fighting your case, rather than re-active. We have successfully challenged the admissibility of crucial prosecution evidence and moved to make applications to dismiss Possession with Intent to Supply Drugs charges altogether. We are fluent with contesting evidence obtained secretly using covert surveillance and we have very good relationships with mobile phone / cell-site analysts who can give evidence in your favour.
Misuse of Drugs Act 1971
Possession with intent to Supply charges are brought under the Misuse of Drugs Act 1971. Controlled drugs are drugs listed in Schedule 2 of the 1971 Act. They are given classification A, B, C. Class A drugs include heroin, cocaine, LSD, morphine, opium, ecstasy (MDMA). Class B drugs include amphetamines, codeine, methadrine, cannabis and cannabis resin. Class C include drugs such as Lucofen, villescon etc.
The law says that possession carries its normal dictionary meaning; however, 'Supply' means that you passed the controlled drug to another person. It matters not whether the 'supply' was for profit or as a friendly gesture. The minute you passed it to another denotes 'supply'.
The prosecution's case
In order to prove these charges against you, the prosecution do not need direct evidence showing that you have passed a controlled drug to someone else. The prosecution's burden of proving the case is to show that you had the intention to do so. Typically, the prosecution will build its case on circumstantial evidence to show your intention. Circumstantial evidence in cases such as these would include the amount of the controlled drug found on your possession, being in possession of scales, unexplained large quantity of cash, cling film, incriminating text and WhatsApp messages and any previous convictions that you may have for similar offences. The prosecution, will argue that the culmination of all these factors proves, beyond reasonable doubt, that you are guilty of the charge, Possession with Intent to Supply Drugs of whichever class is alleged.
In addition, where there is evidence of significant profit from the supply of drugs, the prosecution may apply to the court for a Restraint Order with the effect of freezing your assets. Our Criminal Solicitors have vast experience of defending Drugs Offences. Where a Restraint Order is made prior to the criminal charge, we have the ability to negotiate the best deal for you, including adequate amounts for daily living expenses and legal costs. Where negotiation is unsuccessful we have the expertise to approach the Courts to obtain the most equitable result for our client.
Early defence advice
Successful results in such cases require very early intervention and sometimes strategic negotiations with the prosecution to reduce the charge from Possession with Intent to Supply, to simple possession for personal use. It is vital that you engage a Criminal Solicitor very early in the case. You will receive guidance on what is better for you when you are being interviewed by the police, you will be informed of the entire Court process and you will feel somebody watching over you at all times.
If you are charged or under investigation, please Contact Us for a free consultation with our Criminal Solicitors. You can seek preliminary advice from us in person, on the phone or online. If you are viewing this page on a mobile device, you can tap that WhatsApp icon in the bottom banner and send us an Instant Message.