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Supplying / PWITS a psychoactive substance

Drugs and psychoactive substances — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Drugs and psychoactive substances

Supplying / PWITS a psychoactive substance

Psychoactive Substances Act 2016, ss.5, 7

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
See guideline / charging decision
Maximum penalty
7 years’ custody

Actus reus

  • s.5: intentionally supplies a psychoactive substance to another, or offers to supply, or is concerned in supply (Psychoactive Substances Act 2016 — read the charged verb). s.7 is possession with intent to supply. Subject to s.11 exceptions.

Mens rea

  • Knows or suspects it is a psychoactive substance, and knows or is reckless as to whether it is likely to be consumed for its psychoactive effects (as drafted for the charged section).

Defences

s.11 exception · Not a psychoactive substance · No knowledge or suspicion · No supply / no intent to supply

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Band B Fine – 6 years’ custody.

View definitive guideline ↗

At the police station

Not an MDA controlled-drug supply charge. Confirm the forensic label and whether s.5 or s.7 is on the sheet.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Drugs and psychoactive substances

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.