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.
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:
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.
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