Drug Supply: Class A (Section 4(3) Misuse of Drugs Act 1971)

Misuse of Drugs Act 1971, s.4(3)

Either way
Life imprisonment

Definition

Subject to any regulations under section 7 of this Act, or any provision made in a temporary class drug order by virtue of section 7A, for the time being in force, it shall not be lawful for a person to supply or offer to supply a controlled drug to another. (Misuse of Drugs Act 1971, s.4(1)(b)) 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
supplies or offers to supply a controlled drug to another, or is concerned in the supplying of such a drug to another, or is concerned in the making to another of an offer to supply such a drug
in contravention of s.4(1), that is, not under any regulations under s.7 or any provision made in a temporary class drug order under s.7A
subject to s.28

Supply of a Class A controlled drug is an offence under s.4(3) Misuse of Drugs Act 1971. Subject to any regulations under s.7 or any provision made in a temporary class drug order under s.7A, it is not lawful for a person to supply or offer to supply a controlled drug to another (s.4(1)(b)), and, subject to s.28, it is an offence for a person to supply or offer to supply a controlled drug to another in contravention of s.4(1), to be concerned in the supplying of such a drug to another in contravention of s.4(1), or to be concerned in the making to another in contravention of s.4(1) of an offer to supply such a drug (s.4(3)). Maximum sentence where a Class A drug is involved: on conviction on indictment, imprisonment for life or a fine, or both; on summary conviction, imprisonment for 12 months or the prescribed sum, or both (Misuse of Drugs Act 1971, s.25 and Schedule 4).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. The charging decision rests with the CPS (not police). 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).

Related offences

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: Life imprisonment
Act and section: Misuse of Drugs Act 1971, s.4(3)
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 or to be committing an offence, and, where he has reasonable grounds for suspecting that an offence has been committed, 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) (to ascertain the person's name or address, to prevent the person causing or suffering physical injury, causing loss of or damage to property, committing an offence against public decency or causing an unlawful obstruction of the highway, to protect a child or other vulnerable person, to allow the prompt and effective investigation of the offence or of the person's conduct, or to prevent any prosecution being hindered by the person's disappearance) it is necessary to arrest the person (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 Act 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 the Act, anything found in the course of the search which appears to the constable to be evidence of an offence under the Act (Misuse of Drugs Act 1971, s.23(2)). A justice of the peace satisfied by information on oath that there is reasonable ground for suspecting that controlled drugs are, in contravention of the Act, in the possession of a person on any premises may grant a warrant authorising a constable, within one month, to enter the premises, if need be by force, and to search the premises and any persons found there (Misuse of Drugs Act 1971, s.23(3)). Where a person has been arrested at a place other than a police station a constable 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(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 it, with the written authorisation of an officer of the rank of inspector or above (Police and Criminal Evidence Act 1984, s.18(1) and (4)).
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)). The offence is triable either way and is therefore an indictable offence (Interpretation Act 1978, Schedule 1), so the extensions apply: 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 he has reasonable grounds for believing that detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning, that the offence is an indictable offence, and that the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1), (11) and (12)) and may extend it for periods of not more than 36 hours each, ending not later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/1971/38/section/4