If you have been caught with selling or supplying (even for free) a prohibited drug then you may be charged with supply prohibited drug. Section 25 of the Drug Misuse and Trafficking Act 1985 states that a person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence. Examples of prohibited drugs are cannabis, ecstasy, heroin and cocaine. The charge of supply prohibited drug will vary in seriousness depending on the amount that has allegedly been supplied.

In order to be found guilty of Supply Prohibited Drug, the prosecution must prove beyond reasonable doubt that:

• you supplied, or took part in the supply of a prohibited drug or substance
• the substance was a prohibited drug

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of supply prohibited drug, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced solicitors to try and negotiate the facts that the magistrate will read when sentencing you. The facts the magistrate reads will give the magistrate and understanding of what sentence you should receive. Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The maximum penalty for Supply Prohibited Drug varies on the drug and the amount alleged. However, speak to one of our experienced lawyers today as you may explore the best options available to you such as no conviction recorded on your criminal history better known as Section 10.

Pleading Not Guilty

If you disagree with the supply prohibited drug charge, then it is best you enter a plea of not guilty. A defence that can be used in Supply Prohibited Drug charges:

• Duress- Duress-Where you were seriously threatened to supplying a prohibited drug and there was no other way around that threat but to carry out the conduct due to fear of death or serious injury. Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you supplied or knowingly took part in supplying a prohibited drug. If the prosecution fail to prove these elements then you will be found not guilty.