13 Reasons Why is currently making waves as a much watch Netflix Original Series. But would you believe that there are at least 13 offences committed throughout the 13 episodes? Over the next 8 days I will be continuing to post blogs about the 13 different offences I have found and what could happen should you be arrested or charged with them.
The Sentencing Council website can be found here.
6. Possession of a Class B Drug with Intent to Supply (Section 5(2) and (3) of the Misuse of Drugs Act 1971)
Possession of a Controlled Drug of Class B with Intent to Supply is an Either Way offence which means that it can be heard in either the Magistrates Court or the Crown Court, although the serious nature of this offence means it is likely that it would be allocated to the Crown Court.
You would be arrested in relation to this charge if you are found to have drugs in your possession as well as any paraphernalia such as scales, empty bags, random amounts of cash or a significant amount of drugs.
There are many ways which the Justices could impose a sentence in relation to Supply of Drugs, dependent on whether the Defendant is believed to have a lead role or lesser role if there seems to be more than one person involved.
The Magistrates/Judges have a wide range of sentences that can be imposed for a Possession with Intent to Supply offence whether it be a small role, small amount of drugs and money or on a larger scale. These sentences can be from a significant fine to up to 14 years’ custody.
If you are charged with this offence, you are able to plead guilty to the possession but not guilty to the intent to supply element. This would only be advisable if you are able to provide proof that you would be using the drug for your own personal use and this would often mean that Courts would want to see medical records or reports. If you plead Not Guilty to the intent to supply element then your case is likely to proceed to a Trial.
Both Courts are likely to add a Rehabilitation Activity Requirement to any Community Order imposed for an offence of this type to ensure that the Defendant gets professional help with any drug habits.
These sentences will vary depending on whether or not it is a first-time offence and if there are any similar offences committed in the past. Prison sentences are nearly always imposed for charges including supplying or intending to supply Class A or B Drugs.
As there is often significant amounts of money being made by supplying drugs to others, it is likely that if the Crown Prosecution Service feel that the Defendant has received any financial gain from supplying drugs, they will issue a Proceeds of Crime Application against the Defendant. This will mean that the Court will want details of the Defendant’s financial position from the 6 years prior to the arrest date. This is a long-winded process and something that a Solicitor will be able to guide the Defendant through.
Being an imprisonable offence means that there is the chance of being eligible for Legal Aid. This means that any representation at the Magistrates Court could be at no cost to the Defendant as all costs incurred will be met from public funds. (This does depend on the Defendant’s income and financial circumstances). You may need to pay a contribution towards Legal Aid in the Crown Court.
We at Ringrose Law understand how worrying it can be if you are arrested in relation to any offence. We would always recommend that you obtain Legal Representation if you are arrested or interviewed. You are entitled to free and independent Legal advice at the Police Station.
Contact our Criminal Defence team who will be able to represent you at the Police Station on any matter, covered by the Legal Aid Agency’s Advice and Assistance Scheme. We have offices in Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.