Possession with intent to supply (PWITS) is one of the most serious drug offences you can be charged with. In many instances, being found guilty of possession with intent to supply will lead to lengthy prison sentences.
However, somewhat understandably, there is often some confusion surrounding the offences and what actually constitutes ‘intent to supply’. At what point would a charge of possession become a charge of possession with intent to supply?
Here, we discuss what actions will count as possession with intent to supply, what possession with intent to supply sentences look like, the type of evidence used in possession with intent to supply cases and whether there are any defences to such an offence.
What is possession with intent to supply?
Possession with intent to supply (PWITS) is a criminal offence under the Misuse of Drugs Act 1971. The title of the offence is not misleading – it is simply the offence of having drugs in your possession and having the intention of supplying them to someone else.
It is important to note that it does not matter whether the supply of drugs is for profit. You could be accused and charged with possession with intent to supply by simply providing drugs to a friend.
The supply does not even need to have taken place for a prosecution to take place. There only needs to have been an intention to supply.
For a conviction to take place, the prosecution needs to prove the following beyond any reasonable doubt:
- You were in possession of drugs
- The drugs were controlled drugs
- You intended to supply the drugs to someone else
What is the difference between simple possession and possession with intent to supply?
Possession is the offence of being caught with drugs, even if they do not belong to you.
Possession with intent, however, is being caught in possession of drugs with the intent to supply them to someone else, regardless of whether you made a financial gain.
If the prosecution is building a case to charge you with possession with intent to supply rather than just possession, they will take the following into consideration:
- Large quantities of drugs that are unlikely for personal use
- Pure or uncut drugs
- Possession of various different types of drugs
- Drugs that have been prepared for sale
- Possession of large amounts of cash
- Any attempts to conceal evidence of drugs
What is classed as ‘supply’?
Supply refers to the act of passing on a controlled drug to another person. There does not need to be any evidence of a deal having taken place (such as there being any financial exchange).
This means that supply can include anything from a simple exchange from friends at a party or an organised drug ring which involves millions of pounds worth of drugs.
What is considered a controlled drug?
Controlled drugs are substances which are illegal to produce, use or supply. This is according to the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001.
How much is considered possession with intent to supply?
It is important to note that there is no legal minimum on how many drugs it takes to amount to PWITS. If you were found to be in possession of any amount of controlled drug and it can be proven that you intended to supply it to someone else, you could face an intent to sell drugs charge.
That said, where you only had a small amount of a certain drug, an argument could be made to suggest that it was only for personal consumption and that there was no intention to supply it to another person.
What are the points to prove with for possession with intent to supply?
The prosecution must prove that the defendant was in possession of the drugs and that they were aware they were in possession of them.
They will then need to prove that they had an intent to supply, which can be proven using evidence such as the quantity of drugs, packaging, paraphernalia, large cash sums, or messages indicating drug deals.
The prosecution must demonstrate these elements beyond a reasonable doubt for a conviction.
What will happen if it is my first offence of possession with intent to supply?
If this is your first offence, the court may take this into account as a mitigating factor.
However, the type of drug you were found in possession of, and your role will have the biggest impact on your sentence.
If you were found in possession of a Class C drug, you may receive a Band A fine and a medium-level community order at a minimum.
Whereas, if you were found in possession of a Class A drug, the penalty starts at a high-level community order and three years’ custody.
Can I face additional drug charges along with possession with intent to supply?
Yes, it is possible to face additional drug charges along with possession with intent to supply, particularly if you are involved in a wide-scale operation or ongoing supply.
If you are convicted of multiple offences, you may face several sentences, potentially lengthening your imprisonment or resulting in several penalties.
Can the police stop and search if they suspect possession with intent to supply?
The police have certain powers to stop and search you. However, they will only be able to do so if they have reasonable grounds to suspect that you are involved in a crime or you are in possession of an illegal substance or item.
Before a police officer searches you, they are required to tell you the following:
- Their name
- Their police station
- What they suspect you are carrying
- Their reason to suspect you are carrying illegal drugs
- That you are entitled to receive a copy of the search record
The police can only ask you to remove your outer layers of clothing if they are searching you in public.
If the police want you to remove more items of clothing, this can only be done out of public view. To request a strip search, you must be at a police station or designated police area. They will also be required to provide further reasons for needing to carry out a more thorough search.
What evidence is used to prove possession with intent to supply?
The prosecution only needs to prove that there was an intention to supply drugs to another person. The evidence used in a case will be based around this fact.
Typically, the prosecution will look to gather evidence that points towards an existing plan being in place, such as:
- List of names and money owed
- Drugs paraphernalia (such as bags to package drugs)
- Emails/text messages
- CCTV footage
- Unexplained evidence of income
When the prosecution is gathering evidence, they are also likely to consider any statements which were made at the time of the arrest.
What is the sentence for possession with intent to supply?
The sentencing guidelines for PWITS are severe. The sentence range will depend on the class of drug involved.
As per the Sentencing Council, the following guidelines apply for the possession of drugs with intent to supply:
Class A drugs:
Maximum: Life imprisonment
Offence range: High-level community order – 16 years’ custody
Class B drugs:
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band B fine – 10 years’ custody
Class C drugs:
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band A – 8 years’ custody
Importantly, the exact sentence that is handed out for anyone charged with possession with intent to supply will be determined by someone’s culpability and the harm they are deemed to have caused.
Culpability assesses an offender’s perceived role. There are three levels of culpability:
- Leading role
- Significant role
- Lesser role
Someone who is deemed to have played a leading role will face more serious penalties than someone who has played a lesser role.
Harm assesses the quantity of drugs involved in a possession with intent to supply case. It is split into four separate categories:
Category 1 involves:
- Heroin, cocaine – 5kg
- Ecstasy – 7,000 tablets*
- MDMA – 5kg
- LSD – 250,000 squares
- Amphetamine – 20kg
- Cannabis – 200kg
- Ketamine – 5kg
- Synthetic cannabinoid receptor agonists (for example, ‘spice’) – very large quantity indicative of an industrial scale operation
Category 2 involves:
- Heroin, cocaine – 1kg
- Ecstasy – 1,300 tablets*
- MDMA – 1kg
- LSD – 25,000 squares
- Amphetamine – 4kg
- Cannabis – 40kg
- Ketamine – 1kg
- Synthetic cannabinoid receptor agonists (for example, ‘spice’) – large quantity indicative of a commercial operation
Category 3 involves:
- Selling directly to users
OR
- Supply of drugs in a custodial institution
OR
- Heroin, cocaine – 150g
- Ecstasy – 200 tablets*
- MDMA – 150g
- LSD – 2,500 squares
- Amphetamine – 750g
- Cannabis – 6kg
- Ketamine – 150g
- Synthetic cannabinoid receptor agonists (for example, ‘spice’) – smaller quantity between categories 2 and 4
Category 4 involves:
- Heroin, cocaine – 5g
- Ecstasy – 13 tablets*
- MDMA – 5g
- LSD – 170 squares
- Amphetamine – 20g
- Cannabis – 100g
- Ketamine – 5g
- Synthetic cannabinoid receptor agonists (for example, ‘spice’) – very small quantity
Are there any defences to possession with intent to supply?
There are a number of potential possession with intent to supply defences which could be used, depending on the circumstances of the case.
Examples of the types of defence strategies that could be used include:
- You did not have the intent to supply
- Under Section 28 of the Misuse of Drugs Act 1971:
- You did not have reason to suspect the existence of some fact used by the prosecution to gain a conviction.
- You did not believe that the substance in question was a controlled drug.
- You believed that you were allowed to possess the controlled drug.
How can our possession with intent to supply solicitors help?
Conspiracy Solicitor is a trading style of Bird & Co Solicitors LLP, a well-established law firm based in the East Midlands that has been working with clients across England and Wales for over 30 years.
Our criminal defence team is led by Damian Sabino, and has over 200 years of combined experience, including extensive work on possession with intent to supply cases.
As a firm, we are accredited by the Law Society for Criminal Litigation. This is in recognition of our expertise across all areas of criminal prosecutions, including those related to possession with intent to supply.
If you are facing an accusation of possession with intent to supply, our team can provide you with a robust defence while also making sure that everything remains as straightforward as possible.
With the support of our team, you can be sure that you will find the right strategy to secure the best possible result, no matter what your personal circumstances may be.
Contact our possession with intent to supply solicitors now
Facing a charge for possession with intent to supply? Get in touch with our expert drug conspiracy defence lawyers now for advice or immediate representation.
To speak to our possession and intent to supply solicitors, use our simple contact form to request a call back or contact us on one of the following numbers:
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