Drug Sentencing

Charge(s) & Act(s):
Possession of a controlled drug - Section 5(2) Misuse of Drugs Act 1971

At Court:
Although possession of an illegal drug maybe seen as the least serious of all the drug offences it can still attract a sentence of imprisonment although usually on in extreme circumstances.

Before deciding on a sentence the court will look into an factors that increase the seriousness of the offence such as being in possession whilst on bail or around children. They will also look into factors that may decrease the sentence such as having no convictions or being of good character.

Maximum Sentence:

• Class A - 7 years imprisonment
• Class B - 5 years imprisonment
• Class C - 2 years imprisonment

Charge(s) & Act(s):
Supplying or offering to supply a controlled drug - Section 4(3) Misuse of Drugs Act 1971
possession of a controlled drug with intent to supply it to another - Section 5(3) Misuse of Drugs Act 1971

At Court:
At sentencing the court will look to determine a number of factors that influence the severity of the sentence.

These factors include the offender's role in the offence, the quantity of drugs that were involved as well as any aggravating factors, such as an attempt to dispose the drugs, and any mitigating circumstances that may lessen the sentence, such as the offence being an isolated incident.

Maximum Sentence:

• Class A - Life imprisonment
• Class B - 14 years imprisonment and/or unlimited fine
• Class C - 14 years imprisonment and/or unlimited fine

Charge(s) & Act(s):
Production of controlled drug - Section 4(2)(a) or Section 4(2)(b)
Cultivation of cannabis plant - Section 6(2) Misuse of Drugs Act 1971

At Court:
Taken very seriously by the courts, the production of illegal drugs and the cultivation of cannabis can attract long sentences of imprisonment.

The court will seek to determine the offender's role in the production process. They see if they offender was in a leading role (e.g. directing the production), significant role (e.g. having a management function within a chain) or a lesser role (e.g. having little awareness of the scale of the operation). The court will look at the quantity of drugs that have been produced or cultivated.

Once the two above factors have been decided the court will have a starting point for a sentence. They then take in factors that increase the seriousness of the offence, such as committing the offence whilst on bail, as well as factors that can reduce the sentence, such as showing remorse or the drugs being of low purity. A combination of these factors, plus others, will determine the final sentence for the offence.

Maximum Sentence:

• Class A - Life imprisonment
• Class B - 14 years imprisonment
• Class C - 14 years imprisonment

Charge(s) & Act(s):
Fraudulent evasion of a prohibition by brining into or taking out of the UK a controlled drug - Section 3 Misuse of Drugs Act 1971 and Section 170(2) Customs and Excise Management Act 1979

At Court:

Under this charge the court will seek to determine offender's role and the quantity of drugs that were seized.

The offender's role is split into 3 categories; leading role, significant role and lesser role. The category of harm (quantity of drugs) is split into 4 sections. Taking cocaine as an example, 5kg will be in category 1, up to 1kg in 2, up to 150g into 3 and up to 5g in category 4.

Once the role and quantity has been determined the court will have a starting point for a sentence and look into other elements of the offence and any mitigating circumstances. For example a factor that may increase the sentence may be if the offence was committed whilst on bail or if the drugs were sealed in a sophisticated way. A mitigating factor that may decrease the sentence could be having no convictions or there has been remorse shown.

Maximum Sentence:

• Class A - Life imprisonment
• Class B - 14 years imprisonment and/or unlimited fine
• Class C - 14 years imprisonment and/or unlimited fine

Charge(s) & Act(s):
Permitting premises to be used - Section 8 Misuse of Drugs Act 1971

At Court:
At sentencing the court will first seek to determine the offence category. There are 3 categories which taken into account the quantity and the offender's culpability. For example category 1 may be applied if a large amount of drugs were seized and the offender was financially gaining from the offence. Category 2 may be applied if there was a small amount of drugs seized but the offender was financially gaining from the offence and finally category 3 may be applied if a small amount of drugs were seized and there was no financial gain or limited gain from the offence.

Once the category for the offence is determined the court will look into aggravating factors that increase the seriousness of the offence as well as mitigating circumstances that can reduce the offence.

Maximum Sentence:

• Class A - 14 years imprisonment
• Class B - 14 years imprisonment
• Class C - 14 years imprisonment