Role play 6: possession and supply of drugs

This semi-scripted role play, part of a set taken from Law in action: learning through scripted role plays, includes the details of the charge and an outline script.

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The charge: that the defendant (Gavin Clarke) possessed a Class ‘B’ drug with intent to supply

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The policeman’s version as reported to the Crown Prosecution Service:

Detective Constable Johnson, a member of the local drugs squad, and Constable Smethurst, a uniformed officer, had two search warrants to execute on the evening of the 25th of last month.

The first warrant was issued because it was believed that Mr Clarke had received stolen goods, the proceeds of a recent burglary. The second warrant was to do with the suspected possession of drugs by a second and totally different and unrelated suspect.

Whilst searching Mr Clarke’s house the officers came across a blue holdall just inside the trapdoor of the loft or false roof. When the contents were examined, the drugs squad officer, because of his training and experience, recognised cannabis bush – this is cannabis in the vegetable state. His diagnosis was subsequently confirmed by analysis. The contents were weighed and the amount was four kilograms with an estimated street value of some hundreds of pounds.

In the kitchen of the house there was a catering size roll of aluminium foil and a large number of small plastic bags. Equipment often used by drug dealers. There were, however, no fine scales, pipes or other paraphernalia favoured by drug dealers.

Finally, in a tea caddy, in the kitchen, there were banknotes to a value of £250.

When questioned about the drugs, the foil, the plastic bags and the money Mr Clarke exercised his right to be silent, simply asking for his solicitor.

Mr Clarke lives with his common law wife, together with her daughter aged 10 from a previous marriage, in council property. He is unemployed.

He has previous convictions for shoplifting, receiving stolen goods, driving whilst disqualified and possession of a Class B’ drug. Because of the amount of drugs, the quantity of foil, plastic bags and the amount of money he was cautioned and charged with possession with intent to supply.

The defendant’s version as told to his solicitor:

He was walking in the local park when he saw a holdall in some bushes. He looked in the bag to see if there was any identification so that he could return it to the owner. There was no identification but he thought he recognised the contents as cannabis.

He intended to hand the holdall and contents over to the police, but he had to fetch his (step)daughter from school. His common law wife was visiting her mother. In order to keep the drug safe he placed it in the false roof out of the way of the child. That evening he rolled and smoked one ‘joint’ to see what the drug was like. Before he could turn the holdall over to the police, he was raided.

The kitchen foil is for cooking purposes. The plastic bags are for sandwiches.

The money represents his winnings, betting on horses in the betting shop.

He lives in council property with his common law wife and her 10 year old daughter from a previous marriage. He is unemployed. He has previous convictions for possession of a Class ‘B’ drug, shoplifting, driving whilst disqualified and receiving stolen goods.

He pleads not guilty to possession with intent to supply – had he been charged with straightforward possession, he would have pleaded guilty.

The script

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Usher:
Number five on the list, your worships, Gavin Clarke, represented by Ms Skelton.

Clerk:
Will you tell the court your name and address?

Defendant:
Gavin Clarke, 62 Tupton Close, Chesterfield.

Clerk:
It is said that on the 25th of last month you had in your possession a quantity of a Class ‘B’ drug, namely cannabis bush, with intent to supply that drug to others. Do you understand the charge?

Defendant:
Yes.

Clerk:
Would you confirm that you consented to summary trial and entered a not guilty plea, the matter was set down for trial today?

Defendant:
Yes, I do.

Chairman:
You may sit down. [Looks at prosecutor] Yes Ms De Silva?

Prosecuting solicitor:
[Makes opening statement, calls first witness and examines in chief]

Defending solicitor:
[Cross examines first witness]

Prosecuting solicitor:
[Re-examines witness]

[Prosecutor calls and examines in chief subsequent witnesses)

Defending solicitor:
[The defence makes an application that there is no case to answer]

Chairman:
We believe that there is a prima facie case and we will proceed.

Defending solicitor:
[Calls defendant as first witness and proceeds to examination in chief]

Prosecuting solicitor:
[Cross examines defendant]

Defending solicitor:
[Calls and examines in chief any subsequent witnesses]
[Closing statement]

Chairman:
The bench will retire.

Usher:
All stand.

Last Modified: 4 June 2010