Conspiracy to Supply Controlled Drugs (Section 1 Criminal Law Act 1977)

Criminal Law Act 1977, s.1(1)

Indictable only
Life imprisonment (Class A drug); 14 years' custody (Class B or Class C drug)

Definition

Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or (b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible, he is guilty of conspiracy to commit the offence or offences in question. (Criminal Law Act 1977, s.1(1)) Subject to section 28 of this Act, it is an offence for a person (a) to supply or offer to supply a controlled drug to another in contravention of subsection (1) above; or (b) to be concerned in the supplying of such a drug to another in contravention of that subsection; or (c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug. (Misuse of Drugs Act 1971, s.4(3))

Points to prove

A person
agrees with any other person or persons
that a course of conduct shall be pursued
which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of an offence by one or more of the parties, or would do so but for the existence of facts which render its commission impossible
the offence being to supply or offer to supply a controlled drug to another, or to be concerned in the supplying of such a drug to another, or to be concerned in the making to another of an offer to supply such a drug (Misuse of Drugs Act 1971, s.4(3))
in contravention of s.4(1) Misuse of Drugs Act 1971, that is without the authority of regulations under s.7 or a temporary class drug order under s.7A

Conspiracy to Supply Controlled Drugs is an offence under s.1(1) Criminal Law Act 1977. A person is guilty of conspiracy if he agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of an offence by one or more of the parties, or would do so but for the existence of facts which render its commission impossible (s.1(1)). The offence conspired to is supply: it is an offence to supply or offer to supply a controlled drug to another in contravention of s.4(1) Misuse of Drugs Act 1971, to be concerned in the supplying of such a drug to another, or to be concerned in the making to another of an offer to supply such a drug (Misuse of Drugs Act 1971, s.4(3)). A person guilty of conspiracy is liable on conviction on indictment (Criminal Law Act 1977, s.3(1)); where the relevant offence is one for which a sentence extending to imprisonment for life is provided, the person convicted is liable to imprisonment for life (s.3(2)(b)), and otherwise to imprisonment for a term not exceeding the maximum term provided for the relevant offence on conviction on indictment (s.3(3)). Under Schedule 4 Misuse of Drugs Act 1971, supply under s.4(3) carries on indictment life imprisonment or a fine, or both, for a Class A drug, and 14 years or a fine, or both, for a Class B or Class C drug. Maximum sentence for the conspiracy is therefore life imprisonment for a Class A drug and 14 years' custody for a Class B or Class C drug.

In practice

Drug exhibits must be sealed and weighed in the presence of the suspect where practicable. Field testing kits provide a presumptive result only: formal analysis is required for court. Record any indicators of supply (scales, deal bags, multiple phones, cash). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Indictable only
Maximum sentence: Life imprisonment (Class A drug); 14 years' custody (Class B or Class C drug)
Act and section: Criminal Law Act 1977, s.1(1)
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence; if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it; the power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the Misuse of Drugs Act 1971 or of any regulations or orders made under it, the constable may search that person, and detain him for the purpose of searching him; search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it; and seize and detain, for the purposes of proceedings under that Act, anything found in the course of the search which appears to the constable to be evidence of an offence under that Act (Misuse of Drugs Act 1971, s.23(2)). A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others, and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence, and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (Police and Criminal Evidence Act 1984, s.32(1) and (2)). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence; the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing, save where the condition in s.18(5A) is satisfied (Police and Criminal Evidence Act 1984, s.18(1), (4) and (5)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, calculated from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). As the offence is triable on indictment it is an indictable offence (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence or to obtain it by questioning and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period of not more than 36 hours (s.43(1), (11) and (12)) and may extend it for a period not longer than 36 hours and not ending later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/1977/45/section/1