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That the defendant possessed a controlled drug

That there was intent to supply the drug

Knowledge of the substance’s illegal nature

The Law



Relevant Legislation:

  • Misuse of Drugs Act 1971

Maximum Penalties:

  • Class A drugs: up to life imprisonment

  • Class B drugs: up to 14 years’ imprisonment

  • Class C drugs: up to 14 years’ imprisonment, depending on circumstances

Key Legal Definitions:

  • Possession: having control over a controlled substance

  • Intent to supply: evidence indicating plans to distribute, sell, or transfer the drug to others

Possession with Intent to Supply

Possession with intent to supply occurs when an individual is found with controlled drugs and there is evidence suggesting they intended to distribute or sell them.
These cases often arise from police searches, surveillance, or intelligence-led operations. Early legal advice is crucial due to the severe penalties involved.

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What the Prosecution Must Prove

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How We Defend These Cases
  • Immediate advice at police stations

  • Review of all evidence including communications and search procedures

  • Challenge intent and role in alleged supply

  • Expert representation in Magistrates’ or Crown Court

  • Strategic approach to achieve the best outcome for the client

Common Evidence Used in These Cases
  • Large quantities of drugs inconsistent with personal use

  • Packaging, scales, or paraphernalia for distribution

  • Communications, such as texts or emails arranging sales

  • Witness testimony or surveillance evidence

Common Problems in Prosecution Cases
  • Misinterpretation of possession or intent

  • Insufficient evidence to prove supply

  • Improper search or seizure procedures

  • Disclosure failures under CPIA

  • Reliance on unreliable witness statements

Potential Defences
  • Drugs were for personal use only

  • Lack of intent to supply

  • No knowledge of the substance or its illegal nature

  • Police procedural errors during search or seizure

Sentencing and Possible Outcomes
  • Sentences vary by class and quantity of drugs

  • Mitigating factors: minor role, cooperation, no prior convictions

  • Custodial sentences likely for Class A drugs or large-scale operations

  • Community orders or suspended sentences possible in minor cases

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our team of lawyers have extensive 25+ years experience in all aspects of Criminal Defence and Family Law matters.

Success Rate

We are proud of our strong record in achieving favourable outcomes across London, Birmingham, Manchester, and the wider UK, from serious criminal cases to sensitive family law matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Get Legal Advice in Minutes

Speak to a Defence Solicitor Now

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