Possession of a Class B Drug with Intent to Supply (Section 5(3) Misuse of Drugs Act 1971)

Possession of a Class B drug with intent to supply is an offence under s.5(3) Misuse of Drugs Act 1971. Subject to s.28 of the Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of s.4(1) of the Act (s.5(3)). The offence is triable either way (s.25 and Schedule 4). Maximum sentence where a Class B drug is involved: on conviction on indictment, imprisonment for a term not exceeding 14 years or a fine, or both; on summary conviction, imprisonment for a term not exceeding 12 months or a fine of the prescribed sum, or both (Schedule 4, as amended by the Criminal Justice Act 2003; the Schedule as published shows the earlier figure of 6 months alongside, and Sentencing Act 2020, s.224(1A)(b) sets the general limit in a magistrates' court for an offence triable either way at 12 months). Where the offence is committed in relation to a temporary class drug the punishments are those for a Class B drug (s.25(2A) and (2B)). Officers have a specific search power under s.23(2) of the Act.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. 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). Officers have specific search powers under s.23 MDA 1971. 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).