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Being Concerned in the Supply of Drugs

If you are facing charges for being concerned in the supply of drugs, this is likely to be a stressful time for you.

Depending on the class of the drug and the circumstances, penalties for this offence can involve lengthy prison time.

The outcome of this charge often depends on several aggravating or mitigating factors. It is advisable to seek the guidance of experienced solicitors as soon as possible to assess your case.

At Bird & Co, our experienced solicitors can offer advice on your potential options and then put together a strong defence to produce the best possible outcome.

Want to speak with one of our expert drug offences solicitors? Contact your local Bird & Co office in Grantham, Newark or Lincoln, or you can ask us a question.

Our services for being concerned in the supply of drugs

Being concerned in the supply of Class A drugs

Being concerned in the supply of Class A drugs involves the illegal distribution, sale, or trafficking of substances classified under Class A. Class A substances include heroin, cocaine, ecstasy, and LSD.

Being concerned in the supply means being involved in any capacity, whether directly selling or facilitating the supply, such as transporting, storing, or financing the drugs.

This includes individuals who might not directly handle the drugs but play a role in the distribution network.

Being concerned in the supply of drugs that are categorised as Class A carries the most severe penalties out of the three drug classes and can involve long prison sentences upon conviction, as these drugs pose the highest risk to public safety.

Being concerned in the supply of Class B drugs

Being concerned in the supply of Class B drugs involves participating in the illegal distribution, sale, or trafficking of substances classified as Class B, such as cannabis, amphetamines, ketamine and codeine.

This can include activities such as selling, transporting, storing, or financing these drugs. Even indirect involvement, such as arranging deals or providing a location for the supply, is considered an offence.

The law treats these activities seriously, with penalties including imprisonment, fines, or both.

Being concerned in the supply of Class C drugs

Being concerned in the supply of Class C drugs involves engaging in activities related to the illegal distribution, sale, or trafficking of substances such as anabolic steroids, minor tranquilisers, GHB and khat.

This can include directly selling the drugs or playing a role in their supply chain, such as storing, transporting, or facilitating transactions. Even indirect involvement, such as organising or assisting in the supply, constitutes an offence.

While penalties for Class C drug offences are generally less severe than for Class A or B drugs, they can still result in imprisonment, fines, or both, depending on the circumstances.

Common questions about being concerned in the supply of drugs

What does being concerned in the supply of drugs mean?

Being concerned in the supply of drugs is a specific drug offence under Section 4(3) of the Misuse of Drugs Act 1971.

In order to convict someone of this offence, prosecutors will need to prove beyond reasonable doubt that they have made an identifiable act of participation in a deal.

This could include things they have said or done in preparation to supply, making an offer to supply drugs or participating in supplying the drugs.

The prosecution will aim to prove that the defendant was aware that drugs were being supplied and that they acted based on this information. Prosecutors do not need to prove that the defendant was involved in the production of the drugs or had drugs in their possession.

Anyone involved in the supply of drugs, whether they have handled them or not, can be convicted of this offence, including acting as a courier, advertiser, packer or lookout.

What factors are considered by the courts when deciding sentencing?

The main factors that are considered when deciding the sentencing in a case concerning the supply of drugs are:

  • The role of the defendant and their level of responsibility in the chain – this is categorised as a leading, significant or lesser role.
  • The harm caused – this is categorised into four categories and based on the weight and quantity of the product. The type of drug involved is also considered here.

Along with these two factors, the court will consider:

  • Aggravating factors such as previous offences or exploitation of children or vulnerable people.
  • Mitigating factors such as no prior criminal convictions, a mental disorder or learning disability, or whether the person was pressured or threatened to participate in the supply.

What are the sentencing guidelines for being concerned in the supply of drugs?

An offence under Section 4(3) of the Misuse of Drugs Act 1971 is considered to be triable either way, meaning it could be heard by the Magistrates Court or the Crown Court, where sentences will be higher.

The Sentencing Council offers the following guidelines for the offence of being concerned in the supply of drugs:

Class A
Maximum: Life imprisonment
Offence range: High level community order – 16 years’ custody

Class B
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band B fine – 10 years’ custody

Class C
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band A – 8 years’ custody

What is the minimum sentence for being concerned in the supply of drugs?

The minimum sentence you can receive for being concerned in the supply of drugs is a Band A fine and a medium level community order.

However, this sentence typically only applies in cases involving Class C drugs and where the defendant’s role and the harm caused are considered low.

If your case involves drugs in other classes or a higher degree of harm, the sentence is likely to be more severe.

What is the maximum sentence for being concerned in the supply of drugs?

The maximum sentence you could receive for being concerned in the supply of drugs is life imprisonment.

This sentence is generally given in cases involving the supply of Class A drugs. Supplying Class A drugs is treated seriously by the Crown Court.

If your case involves drugs in the lower classes B and C or a lesser degree of harm caused, the sentence may be less severe than this.

What points are needed to prove being concerned in the supply of drugs?

The prosecution will aim to prove that the defendant was aware that drugs were being supplied and that they acted based on this information.

Prosecutors do not need to prove that the defendant was involved in the production of the drugs or had drugs in their possession.

They may use evidence such as text messages, phone calls, CCTV footage, or the presence of drug paraphernalia such as bags, scales or other related items.

How can Bird & Co help if you are facing charges for being concerned in the supply of drugs?

If you are facing charges for being concerned in the supply of drugs, you should contact a solicitor at the earliest available opportunity.

Our experienced solicitors can assess your case and provide clarity on the potential outcomes.

We will then collate all relevant evidence and put together a strong defence to provide the best chance of a positive outcome.

We have the necessary expertise to represent you during court proceedings and provide guidance throughout the process.

Speak to our solicitors about being concerned in the supply of drugs

Want to speak with one of our expert drug offences solicitors? Contact your local Bird & Co office in Grantham, Newark or Lincoln, or you can ask us a question.