Understanding the Law on Possession with Intent to Supply Drugs and Available Defences

Possession with intent to supply drugs is one of the most serious drug-related offences under the Misuse of Drugs Act 1971. This offence applies when an individual is found in possession of a controlled substance and there is evidence or suspicion that they intended to supply it to others. The penalties for this offence are severe, particularly if the drug is classified as Class A, such as cocaine or heroin.

At Allen Hoole Solicitors, we have vast experience defending clients accused of possession with intent to supply (PWITS). Our firm, one of the largest criminal defence firms in the South West of England, works with the best forensic experts in digital forensics, drugs analysis, and geolocation to provide a comprehensive defence. Our team of solicitor advocates and access to the best specialist barristers ensures that we offer the strongest possible legal representation.

The Legal Definition of Possession with Intent to Supply

The law requires the prosecution to prove two key elements in a PWITS case:

1. Possession of a controlled drug: The individual must have a controlled substance in their possession, either directly or through knowledge of its location.
2. Intent to supply: There must be evidence that the individual intended to supply the drugs to others. This evidence may include the quantity of drugs, packaging materials, large amounts of cash, drug paraphernalia, or incriminating messages found on their mobile devices.

The penalties for possession with intent to supply depend on the classification of the drug:

• Class A drugs (e.g., heroin, cocaine): Up to life imprisonment and/or an unlimited fine.
• Class B drugs (e.g., cannabis): Up to 14 years imprisonment and/or an unlimited fine.
• Class C drugs (e.g., steroids): Up to 14 years imprisonment and/or an unlimited fine.

Advanced Forensic Analysis and Expertise

At Allen Hoole Solicitors, we provide access to a range of expert forensic support, including:

• Digital Forensics: Our team works with the best digital forensic experts to analyse phone downloads, text messages, and social media activity. These insights can provide evidence to challenge the claim of intent to supply. For example, we have successfully demonstrated in past cases that communications did not indicate involvement in drug trafficking.
• Geolocation Experts: In certain cases, proving where a person was located at the time of the alleged offence can be pivotal. Our geolocation experts use cell tower data and other technology to provide precise information about a defendant’s whereabouts, which can significantly impact the case.
• Drugs Experts: We regularly instruct drugs experts to assess whether the quantity of drugs found could be consistent with personal use. Many times, the prosecution may claim that a large quantity indicates intent to supply. However, with the help of expert testimony, we have successfully argued that the amount was for personal use, not for supply.

Defending Against Possession with Intent to Supply

Our expert solicitors have successfully defended clients by using several legal defences:

No Intent to Supply

One of the most common defences in PWITS cases is that the drugs were for personal use. By presenting evidence such as drug usage habits and working with drugs experts, we have been able to demonstrate that the individual did not intend to sell or distribute the drugs. This can lead to a significant reduction in charges or even dismissal.

Unlawful Search and Seizure

We also examine the circumstances of the search and seizure to ensure that the police acted lawfully. If there were any procedural irregularities, such as a violation of the defendant’s rights during the search, this could result in the evidence being deemed inadmissible.

Section 45 Defence under the Modern Slavery Act 2015

In cases involving county lines drug trafficking, individuals, particularly vulnerable people, may be forced to carry or distribute drugs under duress or exploitation. We have successfully used the Section 45 defence to argue that the defendant was a victim of modern slavery or human trafficking. We instruct leading modern slavery experts to provide reports demonstrating coercion or exploitation, which has resulted in acquittals or reduced sentences.

Proceeds of Crime Act (POCA) Proceedings

In addition to facing charges of possession with intent to supply, individuals may also be subject to Proceeds of Crime Act (POCA) proceedings. These proceedings aim to confiscate any financial benefits obtained through criminal activity. At Allen Hoole Solicitors, we have extensive experience in handling POCA cases, working to protect our clients’ assets and challenge disproportionate confiscation orders.

Why Choose Allen Hoole Solicitors?

As one of the largest criminal defence firms in the South West of England, we are well-equipped to handle even the most complex drug offences. Our experienced solicitor advocates provide expert legal representation from the police station to court hearings, working tirelessly to ensure the best outcome for our clients.

If you or someone you know is facing charges of possession with intent to supply, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.