Conspiracy to Supply Drugs

What is a drugs conspiracy?

Many people are alarmed when faced with an allegation involving the word conspiracy as it suggests a plot or some sinister and sophisticated plan. In fact, whilst some conspiracies can be sophisticated and complex, in law the term conspiracy simply means an agreement with others to commit a crime.

In a drugs conspiracy the person accused is said to have entered into an agreement with others to supply (or sometimes import or produce) a quantity of class A , B or C drugs. An agreement in such cases is never a straightforward matter where someone signs a contract to act or participate in a conspiracy. Instead, the prosecution will adduce evidence to seek to  persuade a jury that they can infer a person’s participation in a criminal agreement by a number of ways including:

• Their association with others who are involved in drug supply
• Their phone contact and activity
• Their travel and movement at material dates and time to relevant locations
• Their possession of incriminating items – whether drugs or cash
• Their lifestyle
• Their previous history of criminality

Roles within a conspiracy

Whilst some drugs cases are straight forward where somebody is caught in possession of a quantity of drugs and are charged with either possession or possession with intent to supply, a drugs conspiracy can be far more complicated.

The Prosecution often charge people with conspiracies where they have a number of suspects all associated with each other but sometimes they will charge someone on their own with a conspiracy because they are sure that the accused person was acting with others.  An advantage for the prosecution in charging a conspiracy is that a person can enter or leave a conspiracy at any time.  The conspiracy concerned might have lasted for example between a date in January to a date in December but your alleged involvement might only be a matter of days.  This would still allow the prosecution to charge you with a conspiracy on the basis that you entered the ongoing conspiracy and left it within a short period.

The Prosecution have to prove that the person charged entered into an agreement with others to supply drugs. The role that the accused person may well have occupied varies. The accused may be at the very top of the conspiracy, occupying a Leading role her or she was organising the operation and directing others beneath them. The accused may however be said to have occupied a significant role as street dealer. The person may be a drugs courier. The person may be looking after drugs by storing them at their home for a fee.  The person may be involved in mixing or bagging the drugs at a location on behalf of others.   At the lower end, the person charged may have been the victim of exploitation and forced to store drugs under threat or fear of violence. All of these roles would fulfil the criteria for a ‘conspiracy’.

What sort of evidence is relied on by the prosecution in a drugs conspiracy?

There are larger scale investigations, which will typically rely on for example the following types of evidence:

• Surveillance by dedicated officers.
• Cell site analysis of phones mapping locations of key persons in the conspiracy
• Telephone data showing contact between the parties
• ANPR evidence showing vehicles movements
• CCTV evidence
• Scientific evidence  – fingerprint, DNA

In some cases police are able to access text messages, WhatsApp content and of course, there are a number of cases which have been charged as a result of the discovery of material from Encro-Chat which has been widely publicised.  Olliers have experience of dealing with Encro-Chat cases.

What can Olliers do to help?

If you are arrested for a conspiracy to supply drugs you should contact Olliers who will attend at the police station to advise you.  Following that interview if you are granted bail or if you are released under investigation Olliers can assist you in making representations to the police in relation to the ongoing investigation. For example, if there is evidence that you hold which would undermine or even stop the prosecution case in its tracks at that very early stage then this can be communicated to them.

If you are unfortunately charged with the offence then Olliers will represent you every step of the way. You will appear initially at the Magistrates Court, but because  conspiracy is an ‘indictable only’ offence your case will automatically be sent to the Crown Court. Invariably it will then be handled by the Serious Crime Department headed up by Matt Corn and assisted by Alex Close-Claughton.  The approach we take is a proactive one. We will ensure all evidence is properly assessed.  Suitably qualified,  Senior Barristers are instructed and you will be seen regularly so that we can take your instructions and explain the evidence to you.

If the offence is denied, and you indicate that you did not enter into the criminal agreement as alleged, then we will prepare the case for trial. We will draft a detailed defence statement based on your instructions. All cases are unique and your defence might encompass a number of different aspects which we can set out in detail in the defence statement.  It is important that you provide us with as much information as possible because a defence statement is not only your chance to set out your side of the story but it can also request material from the prosecution which might undermine their case or assist your case (see video on defence statements).

Sentence 

In the event that you decide to plead guilty to a conspiracy or if you are found guilty by a jury, we will explain the position to you carefully as regards sentence.

The Sentencing  Council sets out guidelines as to the likely sentences for drugs offences.  A conspiracy is seen as an aggravating feature for the purposes of sentence but overall assessments of role whether Leading,  Significant or Lesser are key factors in determining sentence.  Also taken into account as is the quantity of drugs involved within the drugs conspiracy.  It follows also that Class A drugs are sentenced more severely than Class B or C drugs.