The offence of being in possession of a controlled drug with intent to supply is a serious offence and is usually dealt with in the Crown Court.
If you are arrested on suspicion of such an offence, summonsed or charged to appear before the court you should contact Chris Stevenson Solicitors urgently for advice. Remember FREE REPRESENTATION is ALWAYS available in the police station and legal aid is available if you are to appear before the court.
What will the Prosecution have to prove?
In order to be convicted of such an offence the prosecution will have to show the following:
- That you were in possession of a controlled substance (DRUG).
- That the substance that you were in possession of was a controlled substance (DRUG).
- That you intended to supply it to another.
What is possession?
The prosecution will have to demonstrate with evidence that you were in possession of the controlled substance.
In the most simple of cases a person could be stopped by the police in the street and drugs found in their clothing for example in their pocket. The police would be able to prove, by giving evidence in the form of witness statements, that the person they had stopped had what they believed to be a controlled substance in their pocket. The fact it is in the person’s pocket, the police and prosecution would say, demonstrates control and proves possession of the controlled drug.
The prosecution must also prove “knowledge”, they have to show you knew that you were in possession of a controlled substance/drug. You should not be convicted of something that you don’t know about.
There a more complex circumstances in which the police and prosecution will seek to demonstrate possession and knowledge, for example drugs being found in rooms of a house, in which they would have to prove link to the occupier or telephonic evidence with co-conspirators that indicates involvement in the movement/supply of drugs.
What is a controlled drug?
These are drugs that are unlawful for you to possess, examples being Cocaine, MDMA, Heroin and Cannabis.
The police will instruct a forensic scientist to scientifically identify the type of drug they have seized, they will also weigh the drugs and give a monetary value of the seized drugs and will also demonstrate the percentage purity of the drugs.
What is an intention to supply?
The final element the prosecution must prove is an intention to supply the drugs to another.
The most simple example of supply, one that people often don’t think about, would be sharing a cannabis joint with another. If you prepared a cannabis joint, and shared it with a friend, the cannabis was in your possession and has subsequently been supplied to your friend to smoke and you are technically guilty of possession of a controlled drug with intent to supply.
This is the most basic and simple form of drug supply but more often than not the police and prosecution will rely on other evidence as an indication in support of drug supply. Common examples of this type of evidence to substantiate/support supply would be text messages on mobile telephones which can indicate supply, seized cash, prepared deals and scales that may be recovered when an address is searched.
Need further advice?
If you have been interviewed by the police or require advice in relation to any criminal offence or in particular offences relating to drugs please contact Chris Stevenson Solicitors to discuss as we are available and There for you 24/7.
Remember DON’T ASK FOR DUTY ASK FOR CHRIS STEVENSON SOLICITORS!