Being arrested on suspicion of supplying drugs or possession with intent to supply can be an overwhelming experience, particularly for somebody who has never previously been through the criminal justice system.

An arrest, however, is only the beginning of an investigation. It does not mean that the person has been found guilty or that criminal charges will necessarily follow.

After an arrest, the police may take the suspect into custody, conduct searches, seize relevant property, arrange legal advice and carry out an interview under caution. Depending on the evidence and the progress of the investigation, the person may later be released, released on bail, released while enquiries continue, or charged with an offence.

If a charge follows, the case will move into the court process.

Drug supply allegations can be serious, making it particularly important to understand what happens at each stage and what rights a person has while in police custody.

This article explains the process following an arrest for suspected drug supply in England and Wales.

Why Might Someone Be Arrested for Drug Supply?

Police may arrest someone where the legal requirements for arrest are satisfied and they suspect that person has committed an offence.

Drug supply investigations can arise in many different circumstances.

An arrest might follow a search of a person, property or vehicle, a wider police investigation, surveillance or other evidence that officers believe indicates involvement in supplying controlled drugs.

Police may also investigate possession with intent to supply (PWITS).

Under section 5(3) of the Misuse of Drugs Act 1971, PWITS concerns possession of a controlled drug with the intention of supplying it to another person.

The fact that police have made an arrest does not establish that the offence has been committed. The investigation and any subsequent criminal proceedings determine whether sufficient evidence exists.

What Happens Immediately After an Arrest?

A person who is arrested will usually be taken to a police station.

At the point of arrest, the police should explain that the person is under arrest and the grounds for the arrest.

Once at the police station, the suspect will normally be dealt with through the custody process.

A custody officer has responsibility for a number of decisions concerning detention and must ensure that the detainee’s rights are explained.

A custody record will also be maintained.

The suspect may then remain in custody while police conduct enquiries and decide what should happen next.

What Rights Do You Have in Police Custody?

People detained at a police station have important legal rights.

These include the right to:

• Obtain free legal advice;
• Have somebody informed of their arrest;
• Receive medical assistance where required;
• See the applicable police Codes of Practice; and
• Receive information explaining their rights while in custody.

A detainee who requires assistance understanding English may also be entitled to appropriate interpreting assistance.

These safeguards are important because a police investigation can involve decisions with significant consequences.

Can You Speak to a Solicitor?

Yes.

A person questioned by police at a police station has the right to free and independent legal advice.

This is not dependent on income.

A detainee can request the duty solicitor or ask the police to contact their own solicitor.

The duty solicitor is independent of the police.

A solicitor can explain the allegation, advise the detainee about the interview and help protect their legal rights throughout the custody process.

In a serious drug supply investigation, obtaining legal advice at an early stage can be particularly important.

Should You Wait for a Solicitor Before an Interview?

A detainee who has requested legal advice will generally be able to obtain that advice before being interviewed, subject to limited exceptions permitted by law.

A solicitor can speak privately with the detainee and may obtain information from the police concerning the allegation before advising on how the interview should be approached.

This is important because there is no universal interview strategy that is appropriate in every case.

For example, a case may involve disputed possession, disputed knowledge, disputed ownership of a phone or an allegation that apparently innocent conduct demonstrates participation in drug supply.

The appropriate advice depends on the evidence and circumstances.

What Happens During a Police Interview?

A suspect may be interviewed under caution.

Police interviews concerning drug supply can cover a wide range of subjects.

Questions may concern:

• Controlled drugs recovered during searches;
• Who owned or controlled the drugs;
• Why the drugs were present;
• Packaging or individual wraps;
• Cash;
• Mobile phones;
• Communications;
• Weighing scales;
• Vehicles;
• Other people involved in the investigation; and
• The suspect’s movements or activities.

Police interviews are normally recorded.

The suspect will also be cautioned before questioning.

The caution explains, among other things, that the person does not have to say anything, but that failing to mention something when questioned that is later relied upon in court may harm the defence in certain circumstances, and that anything said may be given in evidence.

This is one reason legal advice before interview is important.

What Evidence Might Police Examine?

Drug supply investigations can involve considerably more than the drugs themselves.

Police may investigate physical, digital, financial and witness evidence.

Depending on the case, this may include controlled drugs, packaging, weighing equipment, phones, communications, cash, documents, CCTV, surveillance and witness accounts.

For possession with intent to supply, the prosecution may seek to establish intention from the circumstances surrounding the possession.

However, apparently suspicious evidence does not automatically prove drug supply.

The significance of each item depends on the wider evidence and the particular offence alleged.

Can Police Examine a Mobile Phone?

Digital evidence can become an important part of criminal investigations where it is lawfully obtained.

In a suspected drug supply case, investigators may seek to examine relevant communications and other material.

The prosecution may later argue that particular communications demonstrate involvement in supply.

However, several evidential questions can arise.

For example, who owned or used the phone? Who created particular communications? What do those communications actually mean? Do they relate to the drugs involved in the allegation?

Digital evidence may therefore become an important area for both the prosecution and defence.

What Happens to Property Taken by Police?

A detainee will generally be searched when booked into custody, and property held while they are detained will be recorded and kept by the custody officer.

Separately, police may seize items as part of the criminal investigation where they have the legal power to do so.

In a drug investigation, potential exhibits could include substances suspected to be controlled drugs, electronic devices, cash or other material believed to be relevant.

Whether property can continue to be retained depends on the applicable legal powers and circumstances.

A solicitor can advise where questions arise about property seized during an investigation.

Will the Suspected Drugs Be Tested?

Where the identity of a suspected substance needs to be established for criminal proceedings, appropriate evidence will be required to show that it is a controlled drug.

Forensic analysis can therefore become important.

Testing may help establish the identity of the substance and, depending on the case, information concerning quantity or composition.

The type and quantity of the controlled drug can have major implications for both the prosecution and potential sentencing.

How Long Can Police Keep Someone in Custody?

For most offences, police can normally detain a suspect for up to 24 hours before they must charge or release them.

Different rules permit detention to be extended in qualifying serious cases.

For an indictable offence, detention can in appropriate circumstances be authorised beyond the initial period, and police can seek further detention through the courts. Under the applicable PACE framework, the maximum can reach 96 hours in qualifying non-terrorism cases where the necessary authorisations and warrants are obtained.

An extension is not automatic.

Legal requirements must be satisfied for continued detention.

A solicitor can advise the detainee about the applicable detention period and any proposed extension.

What Happens While Police Continue Investigating?

While a suspect remains in custody, investigators may carry out further enquiries.

The nature of those enquiries depends on the case.

The police may need time to assess evidence already obtained and decide whether further investigation is necessary.

The custody process itself is governed by the Police and Criminal Evidence Act framework and the relevant Codes of Practice.

Detention is therefore subject to procedural safeguards and review.

What Happens After the Police Interview?

There is no single outcome after an interview.

Broadly, the investigation may result in several possibilities.

The suspect might be:

• Released without being charged at that stage;
• Released while the investigation continues;
• Released on police bail where applicable;
• Charged with a criminal offence; or
• Subject to further lawful investigation before a charging decision is reached.

The appropriate outcome depends on the evidence and circumstances.

A police interview therefore does not necessarily end the investigation.

What Does “Released Under Investigation” Mean?

A person who is not charged may in some circumstances be released while the police continue investigating.

This means the person is no longer detained at the police station, but the investigation remains open.

Further enquiries can continue.

A later charging decision may therefore still be possible.

Being released without an immediate charge should not necessarily be interpreted as meaning that the investigation has permanently ended.

What Is Police Bail?

Police bail can allow a suspect to leave custody while being required to return when directed.

Depending on the circumstances and applicable legal powers, conditions may be imposed.

The purpose of conditions can include addressing risks connected with the investigation or alleged offending.

Anyone released on bail should understand the conditions imposed and obtain legal advice if they are uncertain about what those conditions require.

What Happens If You Are Charged?

If the police and prosecution process results in a charge, the person becomes a defendant in criminal proceedings.

The charge should identify the offence alleged.

Drug supply allegations may include offences under the Misuse of Drugs Act 1971, such as supplying a controlled drug or possession with intent to supply.

After charge, arrangements will be made for the defendant to appear before a court.

Depending on the circumstances, the defendant may be released on bail to attend court or may be kept in custody for the first court appearance.

Will a Drug Supply Case Go to the Magistrates’ Court?

Proceedings generally begin in the magistrates’ court.

Supply and possession with intent to supply offences under the Misuse of Drugs Act 1971 are generally either-way offences, subject to particular statutory exceptions.

This means that although the case begins in the magistrates’ court, more serious proceedings may ultimately be dealt with in the Crown Court.

The route the case takes depends on the charge and applicable criminal procedure.

What Happens at the First Court Hearing?

The first hearing is not normally a full trial.

The court will deal with initial procedural matters.

Depending on the case, these may include confirming the defendant’s identity, dealing with the charge, considering plea-related matters where appropriate and deciding issues concerning bail.

For offences that proceed to the Crown Court, the magistrates’ court will deal with the necessary procedural steps for the case to continue there.

A defence solicitor can explain what will happen before the hearing and represent the defendant in court.

Can You Be Remanded in Custody?

Potentially.

After a person has been charged, the court may need to decide whether the defendant should be granted bail or remanded in custody while proceedings continue.

A remand decision does not determine whether the defendant is guilty.

Bail decisions are governed by separate legal principles and depend on the circumstances of the case and defendant.

Where bail is opposed, a solicitor can make appropriate representations to the court.

What Happens If Bail Is Granted?

A defendant granted bail can generally remain in the community while the case continues.

Bail may be subject to conditions.

Conditions vary according to the circumstances.

The defendant should comply carefully with any conditions imposed and attend every required court hearing.

Questions or difficulties concerning bail conditions should be discussed with the solicitor handling the case.

What Happens When the Case Reaches the Crown Court?

More serious drug supply cases may proceed in the Crown Court.

The case then moves through the applicable Crown Court procedure.

If the allegation is disputed, the prosecution must prove its case.

The defence may challenge issues such as possession, knowledge, intent, identification, digital evidence, alleged participation with others or the interpretation of physical evidence.

The precise issues depend entirely on the prosecution case.

What If Several People Were Arrested?

Drug supply investigations can involve multiple suspects.

Police may allege that different people played different roles.

However, each person’s criminal liability must be established according to the applicable law and evidence.

Being friends with another suspect, travelling in the same vehicle or living in the same property does not automatically make somebody responsible for another person’s offence.

Where drugs are found in shared premises, questions of knowledge and control can be particularly important.

Likewise, where secondary liability is alleged, the prosecution must establish the defendant’s relevant participation rather than relying merely on association.

What If the Drugs Were for Personal Use?

A defendant may accept possession while denying an intention to supply.

That can create an important distinction between simple possession and PWITS.

Prosecutors may rely on quantity, packaging and other surrounding evidence when arguing that drugs were intended for distribution.

The defence may challenge that interpretation.

The fact that controlled drugs have been found does not, by itself, automatically resolve whether they were intended for personal consumption or supply.

The evidence must be considered as a whole.

How Serious Are Drug Supply Charges?

Drug supply offences can carry severe penalties.

Under the current sentencing framework, supplying or possessing with intent to supply a Class A controlled drug carries a maximum sentence of life imprisonment.

For Class B and Class C controlled drugs, the maximum is 14 years’ imprisonment and/or an unlimited fine.

These are maximum statutory penalties, not automatic sentences.

The actual sentence in an individual case can be substantially different.

How Is the Sentence Determined?

If a defendant is convicted, the Sentencing Council guideline requires the court to assess the seriousness of the offence.

For supplying controlled drugs and PWITS, two particularly important considerations are role and harm.

The court considers the defendant’s role in the offending and the quantity or circumstances relevant to the harm assessment.

Roles can fall into leading, significant or lesser categories.

This is particularly important where several defendants are involved because one person may have organised an operation while another performed a substantially more limited function.

The court then considers further aggravating and mitigating factors and other applicable sentencing principles.

Does an Arrest Mean You Will Be Convicted?

No.

An arrest, charge and conviction are three different things.

An arrest allows police to detain and investigate somebody where the legal requirements are satisfied.

A charge formally alleges that the person committed an offence.

A conviction occurs only if the defendant pleads guilty or is found guilty through the criminal court process.

The fact that police believe there is evidence of drug supply does not mean that evidence cannot be challenged.

Why Is Early Legal Advice Important?

The early stages of a drug investigation can have significant consequences.

A police interview may later become evidence.

Digital devices may become central to the case.

Questions can arise over possession, knowledge, intent and the involvement of other people.

A criminal defence solicitor can advise the suspect while in custody, attend the police interview and examine the allegation as information becomes available.

If charges follow, the solicitor can also advise on bail, evidence, plea and the subsequent court proceedings.

Obtaining advice early allows decisions to be made with an understanding of their potential legal consequences.

Conclusion

Being arrested for suspected drug supply begins a legal process rather than determining its outcome.

A suspect will usually be taken to a police station and booked into custody. They have important rights, including access to free and independent legal advice, the ability to have somebody informed of their arrest and appropriate safeguards concerning their treatment and questioning.

Police may then conduct an interview and continue investigating evidence such as controlled drugs, phones, communications, cash, packaging, weighing equipment and other relevant material.

After the investigation in custody, a suspect may be released, released while enquiries continue, granted police bail where applicable, or charged.

If a charge follows, the case moves into the criminal courts. Proceedings generally begin in the magistrates’ court, with serious drug supply and PWITS cases potentially proceeding to the Crown Court.

Throughout the process, an arrest should not be confused with proof of guilt. The prosecution must establish the offence alleged, and evidence concerning possession, intent, digital communications or participation can potentially be disputed.

Because drug supply allegations can result in serious consequences, obtaining specialist criminal defence advice at the earliest opportunity can be important. A solicitor can advise at the police station, assist during interview, assess the prosecution evidence and provide representation if court proceedings follow.