There are several offences connected with the supply of drugs. The main offences are:
- Actual supply
- Offer to supply
- Being concerned in supply
- Aggravated supply
- Possession with intent to supply
Actual supply
It is an offence to supply a controlled drug to another person. In order to establish guilt, the prosecution need only show that the defendant transferred the physical control of a drug to someone else. It is not important whether the defendant made a profit or benefited in any way, although this will be reflected in sentencing. Supply can therefore range from passing a joint between friends to large scale supply of crack for profit.
Offer to supply
It is an offence to offer to supply a controlled drug to another person. This offence may occur even where an individual offers to supply a controlled drug but in fact supplies a substance which is not controlled.
Concerned in supply
Two further supply offences exist under the 1971 Act, namely:
- Being concerned in the supply of a controlled drug; and,
- Being concerned in the making to another of an offer to supply a controlled drug.
In order to establish either of these offences, the prosecution must prove:
- The supply of a drug to another or the making of an offer to supply a drug to another; and,
- That the defendant was involved in the supply or offer to supply; and,
- That the defendant knew the nature of the enterprise, namely that it involved the supply or offer to supply drugs.
Aggravated supply
This offence came into force on 1 January 2006. This requires the court to treat a supply offence as ‘aggravated’ if certain conditions are met which are thought to increase the seriousness of the offence.
The relevant conditions are:
- The offence was committed on or in the vicinity of school premises at a ‘relevant time’; or,
- An under 18-year-old was used as a courier in the commission of the offence.
Where someone is found guilty of aggravated supply, the court should ensure that the sentence given reflects the seriousness of the offence and so sentences will be longer or more severe than for instances of simple supply.
Penalties available for supply offences
Sentencing for any supply case is complicated and will depend on the quantity of drugs involved and the role of the offender - for example, social supply as opposed to supply for financial gain. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for supply cases:
Class A
Maximum: Life imprisonment.
Offence range: Community order - 16 years' imprisonment.
Class B
Maximum: 14 years' imprisonment and/or unlimited fine.
Offence range: Fine - 10 years' imprisonment.
Class C
Maximum: 14 years' imprisonment and/or unlimited fine.
Offence range: Fine - 8 years' imprisonment.
There is more information on this issue in sentencing for drug offences.
If you have been arrested or charged for a drugs offence call or email Release for free and confidential advice.