Conspiracy to supply drugs

Legal specialists in criminal law

Drug offences come in many forms from simple possession to the most serious of suppling or conspiracy to supply to others. Allington Hughes Law has a strong record of representing clients who are facing accusations of all kinds relating to drug offences.

In England and Wales controlled drugs are separated into three classes; A, B and C.

Class A drugs include;

• Crack cocaine
• Cocaine
• Ecstasy (MDMA)
• Heroin
• LSD
• Magic mushrooms
• Methadone
• Methamphetamine (crystal meth)

It therefore stands to reason that supplying or conspiracy to supply class A drugs is the most serious of drug related offences.

What is meant by supply?

In the most basic of terms supply in this context means giving drugs to another, this includes distributing and does not require proof of payment or reward. This means that even sharing drugs with friends, without any money changing hands, is still technically supplying drugs to another. Equally returning drugs to the original supplier would also be deemed supply. A drug is supplied if the recipient is enabled to apply control over the drugs for the purposes for which they desired e.g. to use themselves or to supply to a third party.

What is meant by conspiracy in respect of supplying drugs?

A conspiracy in criminal law is where two or more people plan to carry out behaviour that will involve a criminal offence or offences being committed. Conspiracy to supply drugs is therefore when two or more people plan or carry out any behaviour intended to contribute to the supply of drugs. A conspiracy for these purposes can include all individuals involved in the supply chain, from the ringleader all the way down to low level street dealers and runners.

County Lines

Many cases of conspiracy to supply drugs are part of “County Lines” operations which the National Crime Agency (NCA) defines when “…drug gangs from big cities expand their operations to smaller towns, often using violence to drive out local dealers and exploiting children and vulnerable people to sell drugs.” Class A drugs are the most common drugs involved in County Lines operations. In most cases, the customer will live in a different area to the main supplier, so drug runners are needed to transport the drugs and collect payment. Usually a dedicated mobile phone line, known as a ‘deal line’, will be used to take orders from customers and send instructions to local suppliers and runners. The use of a specific number/mobile phone to enable orders to be placed, much like a takeaway, is what “County Lines” refers to.

Possible elements of investigation/evidence

Investigations and cases involving the supply of drugs are complex and multifaceted and as such there are numerous lines of inquiry the Police will look into. This includes, but is not limited to;

Mobile phones – Phone attribution

This is where any phones suspected of being involved in the alleged offences would have their activity reviewed to try and establish who they belong to. The Police will look at the following in an attempt to accurately identify a phone and phone number to a given person;

Provider details – Details held by the mobile network provider as to the owner of the mobile phone/SIM card. 

Call data and logs – Details of what numbers a mobile phone has called, when and how many times

Texts/SMS logs – Details of what numbers a mobile phone has text, when, how many times and the content of the messages

Phone data logs – Details and to when and where a mobile phone has connected to the internet via the mobile network provider or WiFi, what has been searched for and/or downloaded.

Cell Site Analysis/Call Data Records (CDR) – Every time a mobile phone connects to its mobile network, for a call or text message etc, it connects to an antenna on a telecommunication mast in its proximity. Each antenna (aka cell) is identified by the network and this cell ID appears in the CDR. Using the internet, email, video calls and downloads whilst using mobile data can also result in a connection between a mobile phone and its network and therefore cells of a mast. Movement of a phone whilst it is switched on generates new entries in the CDR and can enable the phone to be tracked via the cells but this is not the same as tracking the phone via GPS.

GPS data – Tracking data of a mobile phone based on location services which illustrates where the phone has been.

Travel

Travel of a specific person, coupled with mobile phone evidence, will strengthen any phone attribution evidence. The Police may use the following lines of investigation to show a specific person travelled to an area in question including the amount of visits and their duration;

Automatic Number Pate Recognition (ANPR) – As a vehicle passes an ANPR camera its registration number is read and instantly checked against the database records of vehicles of interest. A record for all vehicles passing by a camera is stored, including those vehicles that are not of interest at the time of the read.

Covert surveillance – This may involve photos or surveillance logs made by undercover Police Officers in respect of people or addresses of interest.

All of the above elements could form part of a Police investigation or the Prosecution evidence at a trial and would need to be reviewed with you for your detailed instructions to be taken. It is vitally important that you obtain expert advice at the earliest opportunity, from a firm with experience at dealing with the technical elements of such investigations so that wherever possible the evidence is explored and challenged appropriately.

Investigation

In most cases if the Police suspect you of being involved in the supply of controlled drugs, whether Leading role or not, you will be arrested or at the very least asked to attend the Police Station for a voluntary interview under Caution. Interviews under Caution provide all suspects with the right to obtain free and independent legal advice. You should always take up this right, even when you do not think you have done anything wrong, as it will enable you to be fully advised as to what the allegations against you are and your options before the interview begins. Without a legal representative you will not be made aware of the details of the allegations before the interview begins. Exercising your right to legal advice does not make you look guilty and it is important that you are fully advised of the allegations, evidence and your options as to how to proceed prior to being interviewed.

Following your interview you may be bailed (conditionally or unconditionally) to return to the Police Station or, as is more often the case, be released under investigation (RUI) to enable to the Police to carry out any additional enquires. Usually there are extensive enquiries into mobile phone data including attribution, messages, calls and cell site analysis/CDR. This would mean that you are not subject to bail or any bail conditions but you may be rearrested in the future should new evidence come to light or you need to be further interviewed. However, in most circumstances the police will deal with any further interviews on a voluntary basis. Should the Police or Prosecution take the view that you are to be prosecuted for an offence you may receive a postal charge or postal requisition after the investigation has been concluded.

For more information in respect of funding and advice during investigations please see our article; A Guide to Legal Representation and Funding – Part 1

https://allingtonhughes.co.uk/criminal-law-funding-and-proceedings/

Magistrates’ Court

If you are charged or receive a postal requisition or summons for any offence your first hearing will be before the Magistrates’ Court.

Supplying Class A drugs is an either way offence, meaning it can be dealt with in either the Magistrates’ Court or the Crown Court, however it is highly unlikely to ever be dealt with in the Magistrates’ Court due to the complex nature of the cases and the starting point for any sentence far exceeding the Magistrates’ sentencing powers of 6 months’ imprisonment (12 months’ imprisonment for two either way offences).

You will however be expected to either enter or indicate a plea or note the disputed issues for any trial before the case is committed to the Crown Court. It is important to obtain Legal Advice at the earliest stage as your plea will impact on any sentence should you plead guilty or be found guilty at a later date.

For information in respect of funding and advice in the Magistrates’ Court please see our article; A Guide to Legal Representation and Funding – Part 2.

https://allingtonhughes.co.uk/criminal-law-funding-and-proceedings-part-two/

Crown Court

Should you enter a not guilty plea or not indicate any plea and your case is not suitable for summary trial in the Magistrates’ Court then your case will be committed to the Crown Court for a Plea and Trial Preparation Hearing (PTPH) four weeks after your hearing in the Magistrates’ Court. You will be expected to enter a formal plea in the Crown Court at the PTPH. If you plead guilty your case may be adjourned for sentence or the Judge may proceed to sentence you at the PTPH. If you plead not guilty your case will be adjourned for trial and a timetable will be set for the Crown Prosecution Service (CPS) to serve further evidence together with a Defence Statement to be served which sets out your case and any further information or disclosure required from the CPS. Due to the nature of the offence conspiracy to supply drugs usually involves a high volume of mobile phone records, cell site analysis/GDR and other forensic evidence. It is vital that you instruct competent and diligent solicitors who will review all of the evidence in your case and take your full and detailed instructions to ensure your best prospects at trial or any sentencing hearing.

For information in respect of funding and advice at the Crown Court please see our article; A Guide to Legal Representation and Funding – Part 3.

https://allingtonhughes.co.uk/criminal-law-funding-and-proceedings-part-three/

Roles

The Sentencing Guidelines sets out three types of offenders by way of culpability; Leading role, significant role and lesser role. This is to enable the Courts to differentiate between those running the operation to those being coerced or selling for little or no reward.

Possible Sentence

The maximum sentence of life imprisonment and/or an unlimited fine with a range of a Community Order or up to 16 years’ imprisonment, depending on the role played and the value or amount of drugs involved. For example a defendant who is deemed to have played a “significant role” in the supply of 5kg of cocaine the starting point for sentence, based on a first time offender without credit for an early guilty plea, of 10 years’ imprisonment with a range of 9 to 12 years’ imprisonment.

A Significant role is defined as;

• Operational or management function within a chain;
• Involves others in the operation whether by pressure, influence, intimidation or reward;
• Motivated by financial or other advantage, whether or not operating alone;
• Some awareness and understanding of scale of operation;
• Supply, other than by a person in a position of responsibility, to a prisoner for gain without coercion.

A leading role would increase the above starting point and range and a lesser role would decrease the same.

Contact Allington Hughes Law

Many people will wait until after they have been interviewed by the Police or they have been summonsed to court, however obtaining independent advice at the earliest stage can often make a big difference to how the case proceeds.

At Allington Hughes Law we pride ourselves on offering honest and realistic legal advice. We have represented numerous clients who have been accused of conspiracy to supply drugs, and we understand the strain this can put on their lives and their loved ones.

If you are facing a criminal investigation or proceedings for any drug related offence or would like more information in relation to this article please contact Patrick Geddes or the Criminal & Regulatory Department on 01978 291000 or [email protected].