The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The section 4 of the Misuse of Drugs Act 1971 (MDA 1971) creates several supply offences.
Under MDA 1971, s 4(3) it is an offence to:
supply a controlled drug to another (MDA 1971, s 4(3)(a))
offer to supply a controlled drug to another (MDA 1971, s 4(3)(a))
be concerned in the supply of a controlled drug to another (MDA 1971, s 4(3)(b)), and
be concerned in the making of an offer to supply a controlled drug (MDA 1971, s 4(3)(c))
All offences are triable either way unless it is the accused’s third Class A drug trafficking offence (in which case it becomes indictable only and carries a minimum of seven years’ imprisonment), see below: Sentence for supplying controlled drugs.
All matters involving supplying should be committed to the Crown Court for trial although it may be appropriate for cases involving non-commercial supply (eg between friends) of a very small amount (eg one small wrap or tablet) to remain within the jurisdiction of a magistrates’ court.
Aggravated supply is not a separate offence. However if the offender is at least 18 years of age and either:
the offence is committed on, or in the vicinity of, school premises, or
the offender used a courier who was under the age of 18
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