Being caught with drugs can have serious consequences, from a criminal record and substantial fines to a prison sentence. However, the outcome will depend on the circumstances of the case, the type of drug involved, and the specific offence alleged. 

Whether you have been arrested for possession, accused of supplying drugs, or are under investigation, understanding your legal position is an important first step. 

What is the difference between Drug Possession and Intent to Supply? 

Under the Misuse of Drugs Act 1971, controlled drugs are categorised as Class A, B, or C, with different penalties applying depending on the offence and circumstances. 

Drug possession generally involves having a controlled substance in your custody or control, knowing that it is there. You do not necessarily need to be carrying the drugs on your person to be in possession of them. 

Possession with intent to supply (PWITS) is a more serious offence. It involves possessing controlled drugs with the intention of supplying them to another person. Importantly, the prosecution does not need to prove that a supply actually took place. 

The police and prosecution may consider factors such as the quantity of drugs, packaging, scales, cash, phone messages and other evidence when assessing whether there was an intention to supply. We often see clients who have made significant comments to police officers following arrest, such as “they belong to both me and my friend”. The problem with such statements is that in the eyes of the law, is that they are in possession and intend on supplying some or all of them to a friend. The prosecution does not need to prove that money did or was intended to change hands. 

It is therefore crucial that if you are to be interviewed by the police in relation to a drugs offence you seek advice from a specialist criminal solicitor. 

What legal defences may be available if you are caught with drugs?What legal defences may be available if you are caught with drugs? 

Every drug offence case is different, and the appropriate defence will depend on the evidence. Potential arguments may include: 

• Lack of knowledge: You did not know the drugs were present or were unaware of their nature. 

• Lack of possession or control: The drugs belonged to someone else, and you did not have the necessary control over them. 

• No intent to supply: You accept possession but dispute the allegation that you intended to supply the drugs to another person. 

• Unreliable or improperly obtained evidence: There may be grounds to challenge the evidence relied upon by the prosecution, depending on the circumstances in which it was obtained. Alternatively, the evidence may not be present, although the prosecution suspect the item is a controlled drug, without forensic evidence that the substance is actually controlled the prosecution may fail. 

A specialist criminal defence solicitor can examine the evidence, assess the prosecution’s case, and advise on the arguments available to you. No particular defence or outcome can be guaranteed. 

What are the penalties for drug offences? 

Penalties vary considerably depending on the drug classification, the nature of the offence, the quantity involved and any previous convictions. 

Simple possession may result in a fine or other sentence, while possession with intent to supply can carry significantly more severe penalties, including imprisonment. For the most serious Class A supply offences, the maximum sentence is life imprisonment. 

An allegation can also affect your employment, professional reputation, and future opportunities, making it important to obtain advice as early as possible. 

How a criminal defence solicitor can help 

At Burton Copeland, our specialist criminal defence solicitors in Manchester represent clients facing drug-related allegations, from possession and possession with intent to supply, to importation, production, and supplying controlled drugs. 

Our defence solicitors can advise you during a police investigation, provide representation at a police interview, and defend you if you are charged. Our team will assess the evidence, explain your options and work to protect your rights throughout the process. 

Facing a drug offence allegation? 

Contact our team of experienced criminal defence solicitors in Manchester for specialist legal advice tailored to your circumstances.