Possession with Intent to Supply (PWITS)

An accusation of Possession with Intent to Supply (PWITS) is a major step up from simple drug possession and is treated far more seriously by the courts. The police and prosecution will allege that you were not just holding drugs for personal use, but that you intended to sell or distribute them to others. This is a grave allegation that can lead to a long prison sentence. Defending these cases requires a deep understanding of how the prosecution uses circumstantial evidence to build their case and the expertise to dismantle it piece by piece.

At Central Chambers Law, our senior legal consultants are experts in defending PWITS allegations. We understand the critical difference between personal use and an intention to supply, and we know how to challenge the evidence that police rely on to prove intent. Our function is to provide a powerful, strategic defence that protects your rights and scrutinises every aspect of the prosecution's case. We are specialists with a proven track record in drug-related offences, ready to fight for the best possible outcome for you.

Understanding the Offence: What is PWITS?

The offence of Possession with Intent to Supply is established under the Misuse of Drugs Act 1971. It is committed when a person is in possession of a controlled drug and intends to supply it to another person. "Supply" has a very wide legal meaning; it includes selling, distributing, or simply giving drugs away for no financial gain.

The key difference between this offence and simple possession is the element of intent. The prosecution does not need to prove that a supply actually took place. They only need to convince a court that, at the moment you were in possession of the drugs, you intended to supply them to someone else in the future.

How Do the Police Prove 'Intent'?

Since the prosecution rarely has a direct confession, they build their case for 'intent' using circumstantial evidence. They will look for indicators that suggest your possession was part of a commercial or distribution activity, rather than for personal consumption.

Common evidence used to establish intent includes:

• Quantity of Drugs: Possessing a larger quantity of drugs than would be consistent with normal personal use.
• Drug Paraphernalia: The presence of items like weighing scales, small plastic bags ('deal bags'), or multiple mobile phones.
• Financial Evidence: Finding large amounts of cash that cannot be explained.
• Phone Messages: Text messages or social media messages that appear to relate to drug deals (often in coded language).
• Purity of Drugs: Possession of drugs at a high purity level, which may suggest they are yet to be "cut" for street-level sale.

The Investigation and Potential Defences

A PWITS case typically begins with a police stop and search, a raid on a property, or an arrest. The evidence gathered at this stage is crucial. However, the police's interpretation of that evidence can be challenged effectively.

There are several powerful defences that a specialist legal team can deploy:

• No Intent to Supply: The most common defence. We argue that the drugs were for personal use only. This is particularly relevant in cases involving users with a heavy habit who may buy in bulk.
• Lack of Knowledge or Possession: Arguing that you were unaware of the drugs' existence or that they were not under your control (e.g., left in your car or property by someone else).
• Unlawful Search: If the police acted unlawfully during a stop and search or when entering a property, any evidence they found can be ruled as inadmissible, causing the prosecution's case to collapse.
• Duress: Arguing that you were forced to hold the drugs for someone else under threat of serious harm to you or your family.

Why Central Chambers Law Provides the Definitive Defence

Defending a PWITS charge successfully requires a proactive and intelligent legal strategy. It is not a charge that should be faced with a general criminal lawyer who lacks specific experience in drug law.

Clients trust Central Chambers Law because we are experts in this precise area. Our reputation is built on our ability to meticulously analyse the evidence and construct a compelling defence that undermines the prosecution's claim of 'intent'. Our strategic approach involves:

• Challenging the Evidence of Intent: We attack the prosecution's circumstantial case. We provide alternative, innocent explanations for the evidence. Were the scales for cooking? Was the cash from a legitimate source? Were the messages misinterpreted?
• Scrutinising Police Conduct: We forensically examine every aspect of the police investigation. We are experts at identifying procedural errors and unlawful searches that can lead to the exclusion of key evidence.
• Expert Analysis of Phone Evidence: We are skilled at interpreting text message evidence and can instruct our own experts to challenge the prosecution’s reading of so-called 'drug talk'.
• Asserting Personal Use: We robustly argue the case for personal use, presenting a full picture of our client to the court to show that the quantity of drugs found is consistent with their own consumption.

Our focused expertise means we know exactly how to counter the prosecution's arguments and give you the strongest possible defence.

Consequences of a Conviction

The sentences for Possession with Intent to Supply are severe and almost always result in a prison sentence, particularly for Class A drugs.

• Class A Drugs (e.g., Cocaine, Heroin): Maximum sentence of life imprisonment.
• Class B Drugs (e.g., Cannabis, Ketamine): Maximum sentence of 14 years' imprisonment.
• Class C Drugs: Maximum sentence of 14 years' imprisonment.

The court will assess your role and the scale of the operation to determine the exact length of the sentence. A conviction will also trigger proceedings under the Proceeds of Crime Act (POCA) to confiscate assets.

Protect Your Liberty with an Expert Defence

An allegation of Possession with Intent to Supply is a direct threat to your liberty and your future. It is vital to secure expert legal representation immediately to start building a powerful defence and to protect your rights from the very start.

Do not face this serious charge alone. Contact our expert drug offence solicitors immediately for a confidential consultation and take the first critical step in building your defence.

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