The law relating to drug misuse and drug supply is complex and sometimes contradictory. Jag Phull writes a little more on the law governing the supply of drugs to another.
These are the more serious drug-related offences and can result in extremely lengthy custodial sentences for a convicted offender.
It is illegal to supply a controlled drug – including all the familiar ones, such as heroin, cocaine and amphetamine. This also includes called Class B and C drugs such as steroids, khat and ketamine. Some of these could be lawful to possess but not supply.
What does it mean to ‘supply’?
The everyday definition for the word “supply” is no different in these situations. If someone were to buy drugs on behalf of a group of people and started giving them out, even for no profit, this is still supply. Supply or sharing socially with a group of friends is still punishable by imprisonment.
If someone were to hand drugs over to someone else purely for safe-keeping, this might not count as supply, but if that person continues to hold the drugs intending to return them back to the first person, they may be found guilty of possession with intent to supply.
How can an intent to supply be proved?
The easiest way to prove this is if the person admits to intent. Other ways could include assessing the circumstances in which the drugs are being held and the behaviour of the alleged offender, whilst still considering the quantity of drugs, possession of cash, paraphernalia, ‘tick / debtors’ lists and phone records.
To have an intent to supply you also have to be in possession of the drug – you need to be aware of the existence of the drugs, but you do not necessarily have to have them in your pocket or vehicle to be deemed to be in possession.
What sentences are given?
The maximum sentence for supplying Class A drugs is life, for Class B and C it is 14 years imprisonment. If an adult defendant has two or more convictions for supplying a Class A drug offence, a seven-year minimum sentence will apply, unless it is not suitable to do so.
The offence is aggravated for adults, if the offence is committed on or in the boundaries of school premises at a relevant time (i.e. when the premises are in use by people under the age of 18), or within one hour of the start or end of this time. The offence is also aggravated if the person transporting the drugs is under the age of 18 is used in the commission of the offence.
Any cases that involve the supply of Offences involving Class A drugs are more likely to receive custodial sentences, whilst the Court considers factors such as quantities, the role played, whether it is street dealing or a commercial enterprise, financial gain and, as always, credit is given for a guilty plea. Drug offences can result in extremely lengthy custodial sentences.
How Langfield Law can help you…
To discuss anything to do with supplying drugs or possessing with intent to supply, please contact us on 020 3904 3232 or email firstname.lastname@example.org and we will gladly assist.
Our offices are open 24 hours a day, 7 days a week, ready to deliver immediate and expert legal advice and representation across police stations and courts right across the UK.