MILTON FIRMAN legal expert discusses here the offence of "Possession with intent to supply a Controlled Drug." in the UK.

The Accused must have "possession." But possession can be physical custody or control and mustt also include the vital element of "knowledge." You must know you are in possession.

If for example someone unbeknown to you, puts drugs in your pocket or in your car, and you know no nothing of this, you cannot be guilty of being in possession. But a mistake merely as to quality is no such defence.This would include being in possession of heroin believing it to be cannabis. That is hard luck on you!

If however the Accused believed that the substance was something entirely different, and believed that in good faith, he should be acquitted.

A Defendant is in possession if he has knowledge of its presence and some control over it.Possession of a drug is not dependent upon memory. As has been said in the case of Martindale, possession does not come and go.

There are Defences open to a Defendant to raise. For examplle, he might say he did not know the drugs were on his person.

, He might say he genuinely did not appreciate that it was drugs.He might have a defence that he was in the course of taking the substance into lawful custody.

He can defend possession on the basis he did not know that it was there - in a bedroom or car, for example.

As to the element of - intent to supply, there are reasonable inferences that the Court can draw.

Here are some examples:

1. Possession of a quantity inconsistent with personal use;

2. Possession of a variety of drugs which might suggest sale rather than consumption;

3. Drug related equipment nearby for example vweighing scales, bags or wraps of foil etc;

4. Money found on the Defendant;

5. Extravagant lifestyle

There are therefore two distinct elements to this charge.

Possession. An intention to supply. But the onus is at all times upon the Prosecution and no assumptions ought necessarily to be made merely because there are drugs near to the Defendant when he is arrested. The question of knowledge is paramount.

Sentencding is harsh for Class A in particular. As a matter of public pollicy alone, the Courts adopt a very stern view of this matter and the harm that the supply can utimately do to the end-user and society.

Taking Possession Of Your Property - Section 21 Notice To Quit If you are a landlord wanting to take possession of your property then you have an option to sending a section 21 notice to quit. A section 21 notice can only be used if the tenancy period is for a short term tenancy period. The landlord does not need to give a reason for gaining possession of the property just as long as they give the proper notice.

However to use this notice proper legal procedures must be adhered to and part of this information is found in the section 21 notice.Before the landlord can take possession of his or her property they must provide the section 21 notice two months before taking possession. The details of gaining possession must be clearly stated and you need to realize that the two month period does not start when the notice is mailed but when the tenant receives the section 21 notice.

If the tenancy period was for a fixed term then the landlord cannot take possession of the property until the last day of that agreed upon fixed term.If the period of tenancy is for a fixed term then the landlord must wait until the end of that period before they can take possession of the property.

For a periodic tenancy this time date of possession can be the end of the rental period, though a time period of two month notification is still needed. It is important that you follow the procedures correctly otherwise you may have problems if the tenant should contest the notice.The section 21 notice is only for taking possession of the property if the tenant has damaged the property or owes rent then there is additional paperwork that will need to be filled out.

You can provide notification in many different ways though if you want a clear date for when the two months starts handing the section 21 notice to the tenant in person is your best bet.