On the threshold
How relevant should quantity be in determining intent to supply?
December 2008
This paper offers a critique of the UK Government’s decision to abandon its former plans to introduce thresholds into drugs legislation via section 2 of the Drugs Act 2005. This provision had been enacted with a view to enhancing the significance of the amount of drugs an individual is caught with in prosecutions for the offence of possession with intent to supply.
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The desirability of shelving this proposal is discussed, focusing on both the practical and the theoretical issues involved, situated within their broader international and European context. It is argued that, whilst it is agreed that the use of thresholds to create a presumption that an individual has intent to supply is problematic, thresholds could usefully have been adopted to facilitate a policy of diversion for those who fell below them.
Powerpoint presentation (PDF outside link)
