On the threshold: How relevant should quantity be in determining intent to supply?
Received 19 April 2007; received in revised form 6 August 2007; accepted 8 August 2007. published online 24 September 2007.
Abstract
Background
In 2005, the English Government announced plans to introduce thresholds into drugs legislation with a view to simplifying proof of intent to supply.
Methods
During the consultation process, the proposal was vigorously attacked as unjust and impractical. Drawing upon European and international experience, this paper critiques the government's decision to shelve this proposal.
Results\Conclusions
While 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.
ABSTRACT