What is Possession with Intent to Supply (PWITS)?
Possession with Intent to Supply (PWITS) occurs when an individual is found with controlled drugs, and it is believed they intended to distribute these drugs to others. The intention does not need to involve financial gain; even giving drugs to a friend can be classified as PWITS. Police may charge someone with PWITS if any of the following are present:
- Witness testimony or surveillance indicating intent to supply.
- A substantial quantity of drugs, suggesting it is unlikely for personal use.
- High-quality drugs, indicating potential adulteration for distribution.
- Possession of a variety of drugs.
- Discovery of drug-related equipment such as scales, cutting agents, or packaging materials.
What are Controlled Drugs?
Controlled drugs are categorized based on their potential harm from misuse into three classes. The class of drug involved affects the severity of the offence.
Class A Drugs These include ecstasy, cocaine, LSD, heroin, crystal meth, and magic mushrooms. These drugs are considered the most harmful and are categorized in the highest bracket.
Class B Drugs This category includes ketamine, codeine, spice, and cannabis. These drugs are considered to have a medium level of harm.
Class C Drugs This is the lowest category, including minor tranquilizers, anabolic steroids, khat, and GHB. These drugs are considered the least harmful.
What are the Sentencing Guidelines for Drug Possession with Intent to Supply?
Sentences for PWITS range from fines to up to 16 years in prison. If a prison sentence is necessary, it varies based on the class of drug, the quantity, and the role taken in the supply chain. The criteria include:
- Whether the drug is Class A, Class B, or Class C.
- The individual’s role: leading, significant, or lesser.
- The quantity of drugs, categorized into four levels. For example, with cocaine, 5kg falls into the highest category 1, decreasing to 1kg, 150g, and finally 5g in the lowest category.
Factors Influencing Sentencing:
- Proximity to the original source of the drugs.
- Role in directing or organizing the buying/selling on a commercial scale.
- Influence over others in the supply chain.
- Expectation of financial gain.
- Using a business as cover for drug activities.
- Abusing a position of trust or responsibility.
What Should You Do if Charged with PWITS?
If you or a family member are facing a drug-related charge, it is crucial to seek legal advice immediately. A skilled legal professional can provide guidance tailored to your specific situation and help navigate the complexities of the legal process. Providing detailed information about your case enables your legal representative to build a strong defense and advocate effectively on your behalf, increasing the likelihood of achieving the best possible outcome.
Additional external information
Liberty stop and search guidelines
