The offence
Conspiracy to supply is an agreement between two or more people to commit the offence of supply. The prosecution need not prove any drug was actually supplied — only that an agreement existed and the defendant was a party to it. The maximum for Class A conspiracy to supply is life imprisonment.
Defences
- No agreement to supply — mere presence or association is not enough
- Withdrawal from any agreement before further steps were taken
- Disputed knowledge or intent, particularly in phone or messaging evidence
- Challenges to the admissibility and interpretation of communications evidence
Sentencing
Conspiracy sentences reflect the defendant’s role and the scale of the operation, from a leading organiser to a lesser courier. The guidelines applied are the same as for substantive supply, with credit for an early guilty plea.
Frequently asked questions
No. The offence is the agreement itself. The prosecution must prove an agreement to supply and that the defendant was a party to it.
Phone and messaging evidence is often central, but its interpretation can be challenged, and mere association with others is not enough to prove an agreement.
Life imprisonment, the same as the substantive offence of supply.