Defence Lawyers for Allegations of Possession with Intent to Supply (PWITS) Controlled Drugs

Facing charges of possession with intent to supply can have severe repercussions, including lengthy imprisonment, substantial fines and a permanent criminal record. At Clifford Johnston & Co, we recognise the gravity of these accusations and the critical importance of a robust defence strategy.

Our team of experienced criminal defence solicitors offers expert legal representation to those accused of serious drug offences. With over 30 years of experience, we have a proven track record of successfully defending clients in complex cases involving possession of controlled drugs with intent to supply. Our approach is grounded in extensive legal expertise, meticulous preparation, and a commitment to securing the best possible outcome for our clients.

Under the Misuse of Drugs Act 1971, possession with intent to supply is a serious offence, with penalties varying according to the class of drug involved. Class A drugs, such as heroin and cocaine, attract the most severe sentences. The prosecution must establish that you were in possession of a controlled substance and that you intended to supply it. This type of case typically involves a comprehensive examination of evidence, including the quantity of drugs, digital communications, and financial records.

If you or a loved one is facing possession with intent to supply charges, it is imperative to act swiftly. Contact us today to secure expert legal representation and ensure your defence is in capable hands.

How can we help?

People choose us because of our exceptional reputation and outstanding client care. In August 2023, the Peer Review Team of the Legal Aid Agency awarded us a rating of Excellent (Category 1), the highest of five available categories, placing us in the top 3% of Legal Aid providers in England; this follows a Category 1 rating of Excellent in 2020 and 2017—we take pride in the fact that external assessors share our view that we excel in the field of crime.

With a team of legal representatives specialising in large, complex and serious crime offences, we defend clients across the UK in numerous criminal law matters. As a result, we have built a strong national reputation for delivering high-quality legal advice. We explore every avenue, ensuring robust defences are advanced on your behalf, that prosecution’s evidence is challenged wherever possible, and crucial evidence is disclosed and used to assist your case.

We work closely alongside a network of leading legal experts, from barristers and Kings Counsel to forensic accountants and scientists, pathologists and medical experts, whom we select for each case based on merit and experience.

Professional legal bodies trust us to represent their members—we have a successful track record at the police station, Magistrates’ Court, Crown Court, and Court of Appeal.

We deal with a full range of drug offences, including:

• Production, Cultivation & Manufacture
• Importation
• Conspiracy to Supply Drugs
• Money Laundering
• Driving Under the Influence

What is possession with intent to supply?

In England and Wales, if you have a controlled drug in your possession, and have the intention of supplying that drug to another person who has no legal right to possess it, it is a criminal offence namely ‘possession of a controlled drug with intent to supply’.

Supplying includes distributing and does not require proof of payment or reward. A return of drugs to the original supplier would also be a supply.

To secure a conviction, the prosecution must prove the following:

Possession: The drug must have been found on the defendant’s person or under their control (i.e. handbag, car, house, etc).

Controlled substance: The substance must be on the list of drugs that the government restricts for public safety.

Intent to supply: The defendant must have intended to give the drug to another individual who has no right to possess it.

Some examples of ‘possession with intent to supply drugs’ includes:  passing a cannabis joint to friends even though there is no money exchanged.

What evidence can be used to prove ‘possession with intent to supply’ ?

The prosecution will consider various pieces of evidence and decide whether a person should be charged with straight forward possession of drugs,  or possession with the intent to supply controlled drugs. Evidence usually includes the following:

• Statements and Admissions: Comments made by the defendant during arrest and/or in police custody.
• Digital Evidence: Text messages, phone records, and social media activity.
• Surveillance Footage: CCTV footage capturing the defendant’s actions.
• Witness Testimonies: Statements from witnesses that might indicate the supply of drugs.
• Quantity of Drugs: Large quantities of drugs seized, exceeding what is typically considered for personal use.
• Variety of Drugs: Possession of different types or high volumes of uncut or recently imported drugs.
• Preparation for Supply: Drugs that are wrapped in foils, weighed into bags, or otherwise prepared for distribution.
• Paraphernalia: Equipment related to drug distribution, such as cutting agents and weighing scales.
• Location of Drugs: Drugs found on the person or property of the accused.
• Financial Records: Tick lists, accounts, and details of money owed or received.
• Unexplained Wealth: Large amounts of cash and/or assets indicative of excessive spending.

Facing charges of possession with intent to supply can be daunting, but securing experienced legal representation is vital. At Clifford Johnston & Co, our criminal defence team brings extensive experience and specialised knowledge to each case. Our approach is meticulous and client-focused, ensuring that every piece of evidence is thoroughly examined and challenged where necessary.

What is the maximum sentence for possession with intent to supply?

This offence is known as an ‘either way’ offence which means that it can be dealt with either in the Magistrates’ or Crown courts, although such cases are usually dealt with in the Crown Court.

The class of the drug involved will determine the appropriate sentence.  Longer sentences will be imposed in cases involving class A drugs, significant quantities of drugs, evidence of large sums of money and gang-related activity. Sentences may range as follows:

• Class A
  Maximum: Life imprisonment
  Offence range: High level community order – 16 years’ custody
• Class B
  Maximum: 14 years’ custody and/ or unlimited fine
  Offence range: Band B fine – 10 years’ custody
• Class C
  Maximum: 14 years’ custody and/ or unlimited fine
  Offence range: Band A – 8 years’ custody

Our experienced lawyers will work with you and identify any mitigating factors which may reduce the sentence and to ensure the best possible outcome. If you or a loved one are facing charges relating to possession with intent to supply, you must seek expert legal advice immediately. Our solicitors offer professional, detailed and high-standard legal representation.

Contact Clifford Johnston & Co today

Our drug solicitors have built a robust national reputation for our services, defending clients across the UK in all criminal law matters. Our experienced Stockport & Manchester solicitors take pride in providing a positive difference for clients—they truly are experts in their fields.

If you have been told that you are under investigation, have been arrested or invited for an interview, it is crucial to seek legal advice immediately. Our team of dedicated and expert criminal defence solicitors are here to support you through every stage of the legal process. We will help you understand all available options and strive to achieve the best possible outcome for the situation.

Our firm is known for its professionalism and attention to detail. We provide the highest standards of legal representation, ensuring you have access to exceptional legal advice. Contact us now to ensure you or your loved one receives the support and guidance needed during this challenging time.