Drug Offences

Controlled drugs

Drugs are defined as “controlled drugs” if they are specified as being of Class A, B or C, as set out in Parts I, II or III of Schedule 2 of the Misuse of Drugs Act 1971.

Forensic evidence

It is for the prosecution to prove that a drug is controlled at the time that the alleged offence was committed.

Possession of a controlled drug

The offence of possession of a controlled drug is committed when a person is unlawfully in physical possession or in control of any substance or product specified in the Misuse of Drugs Act 1971 and had knowledge of possession of the item even if he did not know it was a controlled drug.

Supply of controlled drugs / Possession with intent to supply controlled drugs / Being concerned in the supply of controlled drugs / Offering to supply controlled drugs / Conspiring to supply controlled drugs / Production of controlled drugs

The word “Supply” is to be ascertained by reference to the ordinary natural meaning of the word.

An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence.

Another method of proving an intention to supply is by inference. Evidence of having an intention to supply may be inferred from at least one if not more of the following factors:

• Possession of a quantity inconsistent with personal use.
• Possession of uncut drugs or drugs in an unusually pure state suggesting proximity to their manufacturer or importer.
• Possession of a variety of drugs may indicate sale rather than consumption.
• Evidence that the drug has been prepared for sale. If a drug has been cut into small portions and those portions are wrapped in foil or film, then there is a clear inference that sale is the object.
• Drug related equipment in the care and/or control of the suspect, such as weighing scales, cutting agents, bags or wraps of foil (provided their presence is not consistent with normal domestic use).
• Diaries or other documents containing information tending to confirm drug dealing, which are supportive of a future intent to supply, for example, records of customers’ telephone numbers together with quantities or descriptions of drugs.
• Money found on the defendant is not necessarily evidence of future supply. It may be evidence of supply in the past but on its own the money is not evidence of a future intent to supply.

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If you are facing an allegation relating to drugs, then it is essential that you take immediate legal advice from one of our expert Solicitors at SCM Law.