Drug Offences Definitive Guideline (Web)

7/31/2019 Drug Offences Definitive Guideline (Web)

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Drug OffencesDefinitive Guideline DEF

INITIVEGUIDE

LINE


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Drug Offences Definitive Guideline 1

Contents

Applicability o guideline 2

Fraudulent evasion o a prohibition by bringing intoor taking out o the UK a controlled drugMisuse o Drugs Act 1971 (section 3) andCustoms and Excise Management Act 1979 (section 170(2)) 3

Supplying or ofering to supply a controlled drugMisuse o Drugs Act 1971 (section 4(3)) andPossession o a controlled drug with intentto supply it to another (section 5(3)) 9

Production o a controlled drugMisuse o Drugs Act 1971 (section 4(2)(a) or (b)) and

Cultivation o cannabis plant (section 6(2)) 17Permitting premises to be usedMisuse o Drugs Act 1971 (section 8) 23

Possession o a controlled drugMisuse o Drugs Act 1971 (section 5(2)) 29

Annex: Fine bands and community orders 33

Crown copyright 2012You may re-use this inormation (not including logos) ree o charge in any ormat or medium, under the terms othe Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-

licence/or email: [email protected]
http://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/mailto:[email protected]:[email protected]://www.nationalarchives.gov.uk/doc/open-government-licence/http://www.nationalarchives.gov.uk/doc/open-government-licence/


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2 Drug Offences Definitive Guideline

Applicability o guideline

In accordance with section 120 o theCoroners and Justice Act 2009, theSentencing Council issues this denitive

guideline. It applies to all oenders aged18 and older, who are sentenced on or afer27 February 2012, regardless o the date othe oence.

Section 125(1) o the Coroners and Justice Act

2009 provides that when sentencing oencescommitted aer 6 April 2010:

Every court

(a) must, in sentencing an oender, ollow anysentencing guideline which is relevant to theoenders case, and

(b) must, in exercising any other unction relatingto the sentencing o oenders, ollow any

sentencing guidelines which are relevant tothe exercise o the unction,

unless the court is satised that it would becontrary to the interests o justice to do so.

This guideline applies only to oenders aged 18and older. General principles to be considered inthe sentencing o youths are in the SentencingGuidelines Councils denitive guideline,Overarching Principles Sentencing Youths.

Structure, ranges and starting pointsFor the purposes o section 125(3) (4) o theCoroners and Justice Act 2009, the guidelinespecies ofence ranges the range osentences appropriate or each type o oence.Within each oence, the Council has speciedthree categories which relect varying degreeso seriousness. The oence range is split intocategory ranges sentences appropriate or

each level o seriousness. The Council has alsoidentied a starting point within each category.

Starting points dene the position within acategory range rom which to start calculatingthe provisional sentence. Starting points applyto all oences within the correspondingcategory and are applicable to all oenders,in all cases. Once the starting point isestablished, the court should consider urtheraggravating and mitigating actors and previous

convictions so as to adjust the sentence withinthe range. Starting points and ranges apply toall oenders, whether they have pleaded guiltyor been convicted aer trial. Credit or a guiltyplea is taken into consideration only at stepour in the decision making process, aer theappropriate sentence has been identied.

Inormation on community orders and nebands is set out in the annex at page 33.


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IMPORTATIO

NFraudulent evasion o a prohibition

by bringing into or taking out o theUK a controlled drugMisuse o Drugs Act 1971 (section 3)

Customs and Excise Management Act 1979

(section 170(2))

Class AMaximum: Lie imprisonmentOence range: 3 years 6 months 16 years custodyA class A oence is a drug trafcking oence or the purposeo imposing a minimum sentence under section 110 Powers oCriminal Courts (Sentencing) Act 2000

Class BMaximum: 14 years custody and/or unlimited neOence range: 12 weeks 10 years custody

Class CMaximum: 14 years custody and/or unlimited neOence range: Community order 8 years custody


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IMPORTATIO

NSTEP ONEDetermining the oence category

The court should determine the oenders culpability (role) and the harm caused (quantity) with reerenceto the tables below.

In assessing culpability, the sentencer should weigh up all the actors o the case to determine role.Where there are characteristics present which all under dierent role categories, the court shouldbalance these characteristics to reach a air assessment o the oenders culpability.

In assessing harm, quantity is determined by the weight o the product. Purity is not taken into accountat step 1 but is dealt with at step 2.

Where the operation is on the most serious and commercial scale, involving a quantity o drugs signicantlyhigher than category 1, sentences o 20 years and above may be appropriate, depending on the role o theoender.

Culpability demonstrated by oenders roleOne or more o these characteristics may demonstratethe oenders role. These lists are not exhaustive.

LEADING role: directingororganisingbuyingandsellingona

commercialscale;

substantiallinksto,andinfluenceon,othersinachain;

closelinkstooriginalsource;

expectationofsubstantialnancialgain;

usesbusinessascover;

abusesapositionoftrustorresponsibility.

SIGNIFICANT role: operationalormanagementfunctionwithinachain;

involvesothersintheoperationwhetherbypressure,influence,intimidationorreward;

motivatedbynancialorotheradvantage,whetherornotoperatingalone;

someawarenessandunderstandingofscaleofoperation.

LESSER role: performsalimitedfunctionunderdirection;

engagedbypressure,coercion,intimidation;

involvementthroughnaivety/exploitation;

noinfluenceonthoseaboveinachain;

verylittle,ifany,awarenessorunderstandingofthescaleofoperation;

ifownoperation,solelyforownuse(consideringreasonableness o account in all the circumstances).

Category o harmIndicative quantity o drug concerned (upon which thestarting point is based):

Category 1 heroin,cocaine5kg;

ecstasy10,000tablets;

LSD250,000squares;

amphetamine20kg;

cannabis200kg; ketamine5kg.



LSD25,000squares;

amphetamine4kg;

cannabis40kg;

ketamine1kg.

Category 3 heroin,cocaine150g;

ecstasy300tablets; LSD2,500squares;

amphetamine750g;

cannabis6kg;

ketamine150g.


ecstasy20tablets;

LSD170squares;

amphetamine20g;

cannabis100g;

ketamine5g.


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STEP TWOStarting point and category range

Having determined the category, the court should use the corresponding starting point to reach a sentencewithin the category range below. The starting point applies to all oenders irrespective o plea or previousconvictions. The court should then consider urther adjustment within the category range or aggravating ormitigating eatures, set out over the page. In cases where the oender is regarded as being at the very topo the leading role it may be justiable or the court to depart rom the guideline.

Where the deendant is dependent on or has a propensity to misuse drugs and there is sufcient prospecto success, a community order with a drug rehabilitation requirement under section 209 o the Criminal

Justice Act 2003 can be a proper alternative to a short or moderate length custodial sentence.

IMPORTATIO

N

Forclass A cases, section 110 o the Powers o Criminal Courts (Sentencing) Act 2000 provides thata court should impose a minimum sentence o at least seven years imprisonment or a third classA trafcking oence except where the court is o the opinion that there are particular circumstanceswhich(a)relatetoanyoftheoencesortotheoender;and(b)wouldmakeitunjusttodosoinallthe circumstances.

CLASS A Leading role Signifcant role Lesser role

Category 1 Starting point14 years custody

Starting point10 years custody


Category range12 16 years custody






Category range9 13 years

custody

Category range6 years 6 months

10 years custody

Category range57years

custody

Category 3 Starting point8 years 6 months custody


Starting point4 years 6 months custody

Category range

6 years 6 months 10 years custody

Category range

57yearscustody

Category range


Category 4 Where the quantity alls below the indicative amount set out or category 4 on the previous page, rstidentiy the role or the importation oence, then reer to the starting point and ranges or possessionor supply oences, depending on intent.

Where the quantity is signicantly larger than the indicative amounts or category 4 but belowcategory 3 amounts, reer to the category 3 ranges above.


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CLASS B Leading role Signifcant role Lesser role

Category 1 Starting point

8 years custody

Starting point

5 years 6 months custody

Starting point

4 years custody


custody


custody


5 years custody





8 years custody


5 years custody

Category range18 months

3 years custody


4 years custody

Starting point

2 years custody

Starting point

1 years custody


5 years custody

Category range18 months

3 years custody

Category range12 weeks

18 months custody



CLASS C Leading role Signifcant role Lesser role



Starting point18 months custody






Starting point26 weeks custody



Category range12 weeks 18 months custody

Category 3 Starting point18 months custody


Starting pointHigh level community order


custody


18 months custody

Category rangeMedium level community order

12 weeks custody



IMPORTATIO

N


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The table below contains a non-exhaustive list o additional actual elements providing the context o theoence and actors relating to the oender. Identiy whether any combination o these, or other relevant

actors, should result in an upward or downward adjustment rom the starting point. In some cases, havingconsidered these actors, it may be appropriate to move outside the identied category range.

For appropriate class C ranges, consider the custody threshold as ollows: hasthecustodythresholdbeenpassed? ifso,isitunavoidablethatacustodialsentencebeimposed? ifso,canthatsentencebesuspended?

Factors increasing seriousness

Statutory aggravating factors:Previous convictions, having regard to a) nature o theoence to which conviction relates and relevance to currentoence;andb)timeelapsedsinceconviction(seeshadedbox at page 5 i third drug trafcking conviction)

Oender used or permitted a person under 18 to deliver acontrolled drug to a third person

Oender 18 or over supplies or oers to supply a drug on,or in the vicinity o, school premises either when school inuse as such or at a time between one hour beore and onehour aer they are to be used

Oence committed on bail

Other aggravating factors include:

Targeting o any premises intended to locate vulnerableindividuals

Exposure o others to more than usual danger, or exampledrugs cut with harmul substances

Attempts to conceal or dispose o evidence, where notcharged separately

Presence o others, especially children and/or non-users

Presence o weapon, where not charged separatelyHigh purity

Failure to comply with current court orders

Oence committed on licence

Established evidence o community impact

IMPORTATIO

N

Factors reducing seriousness or relecting personalmitigation

Involvement due to pressure, intimidation or coercionalling short o duress, except where already taken intoaccount at step 1

Supply only o drug to which oender addicted

Mistaken belie o the oender regarding the type o drug,taking into account the reasonableness o such belie in allthe circumstances

Isolated incident

Low purity

No previous convictions or no relevant or recent convictionsOenders vulnerability was exploited

Remorse

Good character and/or exemplary conduct

Determination and/or demonstration of steps having been taken to address addiction or oending behaviour

Serious medical conditions requiring urgent, intensive orlong-term treatment

Age and/or lack o maturity where it aects theresponsibility o the oender

Mental disorder or learning disability

Sole or primary carer or dependent relatives


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STEP THREE

Consider any actors which indicate a reduction, such as assistance to the prosecution

Thecourtshouldtakeintoaccountsections73and74oftheSeriousOrganisedCrimeandPoliceAct2005 (assistance by deendants: reduction or review o sentence) and any other rule o law by virtue owhich an oender may receive a discounted sentence in consequence o assistance given (or oered) tothe prosecutor or investigator.

STEP FOUR

Reduction or guilty pleasThe court should take account o any potential reduction or a guilty plea in accordance with section 144o the Criminal Justice Act 2003 and the Guilty Plea guideline.

For class A oences, where a minimum mandatory sentence is imposed under section 110 Powers oCriminal Courts (Sentencing) Act, the discount or an early guilty plea must not exceed 20 per cent.

STEP FIVE

Totality principleI sentencing an oender or more than one oence, or where the oender is already serving a sentence,consider whether the total sentence is just and proportionate to the oending behaviour.

STEP SIX

Confscation and ancillary ordersIn all cases, the court is required to consider conscation where the Crown invokes the process or wherethe court considers it appropriate. It should also consider whether to make ancillary orders.

STEP SEVEN

ReasonsSection174oftheCriminalJusticeAct2003imposesadutytogivereasonsfor,andexplaintheeectof,the sentence.

STEP EIGHT

Consideration or remand timeSentencers should take into consideration any remand time served in relation to the nal sentence atthis nal step. The court should consider whether to give credit or time spent on remand in custody oron bail in accordance with sections 240 and 240A o the Criminal Justice Act 2003.

IMPORTATIO

N


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SUP

PLY

Supplying or ofering to supply

a controlled drugMisuse o Drugs Act 1971 (section 4(3))

Possession o a controlled drugwith intent to supply it to anotherMisuse o Drugs Act 1971 (section 5(3))

Class AMaximum: Lie imprisonmentOence range: Community order 16 years custodyA class A oence is a drug trafcking oence or the purposeo imposing a minimum sentence under section 110 Powers o

Criminal Courts (Sentencing) Act 2000

Class BMaximum: 14 years custody and/or unlimited neOence range: Fine 10 years custody

Class CMaximum: 14 years custody and/or unlimited neOence range: Fine 8 years custody


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SUP

PLY

STEP ONEDetermining the oence category

The court should determine the oenders culpability (role) and the harm caused (quantity/type o oender)with reerence to the tables below.

In assessing culpability, the sentencer should weigh up all the actors o the case to determine role.Where there are characteristics present which all under dierent role categories, the court shouldbalance these characteristics to reach a air assessment o the oenders culpability.

In assessing harm, quantity is determined by the weight o the product. Purity is not taken into accountat step 1 but is dealt with at step 2. Where the oence is street dealing orsupply o drugs in prisonby a prison employee, the quantity o the product is less indicative o the harm caused and thereorethe starting point is not based on quantity.


See page 11.


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SUP

PLY


LEADING role: directingororganisingbuyingandsellingona

commercialscale;

substantiallinksto,andinfluenceon,othersinachain;

closelinkstooriginalsource;

expectationofsubstantialnancialgain;


abusesapositionoftrustorresponsibility,forexampleprison employee, medical proessional.




someawarenessandunderstandingofscaleofoperation;

supply,otherthanbyapersoninapositionofresponsibility, to a prisoner or gain without coercion.






ifownoperation,absenceofanynancialgain,forexample joint purchase or no prot, or sharing minimalquantity between peers on non-commercial basis.

Category o harmIndicative quantity o drug concerned (upon which thestarting point is based):



LSD250,000squares;

amphetamine20kg;

cannabis200kg;

ketamine5kg.



LSD25,000squares;

amphetamine4kg; cannabis40kg;

ketamine1kg.

Category 3

Where the oence is selling directly to users* (streetdealing), the starting point is not based on a quantity,

OR

where the oence is supply o drugs in prison by a prisonemployee, the starting point is not based on a quantity see shaded box on page 10,

OR

heroin,cocaine150g;

ecstasy300tablets;

LSD2,500squares;

amphetamine750g;

cannabis6kg;

ketamine150g.


ecstasy20tablets;

LSD170squares;

amphetamine20g;

cannabis100g;

ketamine5g;OR

where the oence is selling directly to users* (streetdealing) the starting point is not based on quantity go to category 3.

* Including test purchase ofcers


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SUP

PLY


Having determined the category, the court should use the corresponding starting point to reach a sentencewithin the category range below. The starting point applies to all oenders irrespective o plea or previousconvictions. The court should then consider urther adjustment within the category range or aggravating ormitigating eatures, set out on page 14. In cases where the oender is regarded as being at the very top othe leading role it may be justiable or the court to depart rom the guideline.







Starting point7yearscustody









10 years custody


7yearscustody




Category range


Category range

3 years 6 months 7yearscustody

Category range

2 4 years 6 monthscustody





7years6monthscustody


custody

Category rangeHigh level community order

3 years custody


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8 years custody

Starting point


Starting point

3 years custody


custody


custody


5 years custody





8 years custody


5 years custody


3 years custody


4 years custody

Starting point

1 years custody

Starting point

High level community order


5 years custody


3 years custody

Category rangeLow level community order

26 weeks custody



Starting pointLow level community order


3 years custody


26 weeks custody

Category rangeBand B ne

medium level community order













Category range12 weeks 18 months custody





custody


18 months custody


12 weeks custody

Category 4 Starting point26 weeks custody


Starting pointLow level community order


18 months custody


12 weeks custody

Category rangeBand A ne


SUP

PLY


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For appropriate class B and C ranges, consider the custody threshold as ollows: hasthecustodythresholdbeenpassed? ifso,isitunavoidablethatacustodialsentencebeimposed? ifso,canthatsentencebesuspended?

For appropriate class B and C ranges, the court should also consider the community threshold as ollows: hasthecommunitythresholdbeenpassed?


Statutory aggravating factors:

Previous convictions, having regard to a) nature o theoence to which conviction relates and relevance to currentoence;andb)timeelapsedsinceconviction(seeshadedbox at page 12 i third drug trafcking conviction)

Oender used or permitted a person under 18 to deliver acontrolled drug to a third person

Oender 18 or over supplies or oers to supply a drug on,or in the vicinity o, school premises either when school in

use as such or at a time between one hour beore and onehour aer they are to be used



Targeting o any premises intended to locate vulnerableindividuals or supply to such individuals and/or supply tothose under 18




Presence o weapon, where not charged separately

Charged as importation o a very small amount

High purity




SUP

PLY



Supply only o drug to which oender addicted

Mistaken belie o the oender regarding the type o drug,taking into account the reasonableness o such belie in allthe circumstances

Isolated incident

Low purity

No previous convictions or no relevant or recent convictions

Oenders vulnerability was exploited

Remorse


Determinationand/ordemonstrationofstepshavingtaken to address addiction or oending behaviour

been






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SUP

PLY

STEP THREE



STEP FOUR



STEP FIVE


STEP SIX


STEP SEVEN


STEP EIGHT



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SUP

PLY


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PRODUCTION/

CULTIVATION

Production o a controlled drugMisuse o Drugs Act 1971 (section 4(2)(a) or (b))

Class AMaximum: Lie imprisonmentOence range: Community order 16 years custodyA class A oence is a drug trafcking oence or the purposeo imposing a minimum sentence under section 110 Powers oCriminal Courts (Sentencing) Act 2000

Class BMaximum: 14 years custodyOencerange:Discharge10yearscustody

Class CMaximum: 14 years custodyOencerange:Discharge8yearscustody

Cultivation o cannabis plantMisuse o Drugs Act 1971 (section 6(2))

Maximum: 14 years custodyOencerange:Discharge10yearscustody


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PRODUCTION/CULTIVATION


The court should determine the oenders culpability (role) and the harm caused (output or potentialoutput) with reerence to the tables below.

In assessing culpability, the sentencer should weigh up all o the actors o the case to determine role.Where there are characteristics present which all under dierent role categories, the court shouldbalance these characteristics to reach a air assessment o the oenders culpability.

In assessing harm, output or potential output is determined by the weight o the product or number oplants/scale o operation. For production oences, purity is not taken into account at step 1 but is dealtwith at step 2.



LEADING role: directingororganisingproductiononacommercial

scale;

substantiallinksto,andinfluenceon,othersinachain; expectationofsubstantialnancialgain;


abusesapositionoftrustorresponsibility.




someawarenessandunderstandingofscaleofoperation.






ifownoperation,solelyforownuse(consideringreasonableness o account in all the circumstances).

Category o harmIndicative output or potential output (upon which thestarting point is based):



LSD250,000tablets;

amphetamine20kg;

cannabisoperationcapableofproducingindustrialquantitiesforcommercialuse;

ketamine5kg.



LSD25,000squares;

amphetamine4kg;

cannabisoperationcapableofproducingsignicantquantitiesforcommercialuse;

ketamine1kg.


ecstasy300tablets;

LSD2,500squares;

amphetamine750g;

cannabis28plants;*

ketamine150g.


ecstasy20tablets;

LSD170squares;

amphetamine20g; cannabis9plants(domesticoperation);*

ketamine5g.

* With assumed yield o 40g per plant


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PRODUCTION/

CULTIVATION


Having determined the category, the court should use the corresponding starting point to reach a sentencewithin the category range below. The starting point applies to all oenders irrespective o plea or previousconvictions. The court should then consider urther adjustment within the category range or aggravating ormitigating eatures, set out on page 21. In cases where the oender is regarded as being at the very top othe leading role it may be justiable or the court to depart rom the guideline.















custody


10 years custody


7 years custody




Category range


Category range


Category range

2 5 yearscustody







custody


3 years custody


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8 years custody

Starting point


Starting point

3 years custody


custody


custody


5 years custody





8 years custody


5 years custody


3 years custody


4 years custody

Starting point

1 years custody

Starting point



5 years custody


3 years custody


26 weeks custody



Starting pointBand C ne


3 years custody


26 weeks custody

Category rangeDischarge













custody


custody


18 months custodyCategory 3 Starting point

18 months custodyStarting point

26 weeks custodyStarting point



custody


18 months custody


12 weeks custody

Category 4 Starting point26 weeks custody


Starting pointBand C ne


18 months custody


12 weeks custody

Category rangeDischarge



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PRODUCTION/

CULTIVATION



Where appropriate, consider the custody threshold as ollows: hasthecustodythresholdbeenpassed? ifso,isitunavoidablethatacustodialsentencebeimposed? ifso,canthatsentencebesuspended?

Where appropriate, the court should also consider the community threshold as ollows: hasthecommunitythresholdbeenpassed?



Previous convictions, having regard to a) nature o theoence to which conviction relates and relevance to currentoence;andb)timeelapsedsinceconviction(seeshadedbox at page 19 i third drug trafcking conviction)



Nature o any likely supply

Level o any prot element

Use o premises accompanied by unlawul access toelectricity/other utility supply o others

Ongoing/large scale operation as evidenced by presenceand nature o specialist equipment




Presence o weapon, where not charged separately

High purity or high potential yield






Isolated incident

Low purity

No previous convictions or no relevant or recent convictions

Oenders vulnerability was exploitedRemorse


Determinationand/ordemonstrationofstepshavingtaken to address addiction or oending behaviour

been






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STEP THREE



STEP FOUR



STEP FIVE


STEP SIX


STEP SEVEN


STEP EIGHT



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PERMITTINGPR

EMISES

Permitting premises to be usedMisuse o Drugs Act 1971 (section 8)

Class AMaximum: 14 years custodyOence range: Community order 4 years custodyA class A oence is a drug trafcking oence or the purposeo imposing a minimum sentence under section 110 Powers o

Criminal Courts (Sentencing) Act 2000

Class BMaximum: 14 years custodyOence range: Fine 18 months custody

Class CMaximum: 14 years custodyOencerange:Discharge26weekscustody


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PERMITTINGPR

EMISES


The court should determine the oenders culpability and the harm caused (extent o the activityand/or the quantity o drugs) with reerence to the table below.

In assessing harm, quantity is determined by the weight o the product. Purity is not taken intoaccount at step 1 but is dealt with at step 2.

Category 1 Higher culpability and greater harm

Category 2 Lower culpability andgreaterharm;or higher culpability and lesser harm

Category 3 Lower culpability and lesser harm

Factors indicating culpability (non-exhaustive)

Higher culpability:

Permits premises to be used primarily or drug activity,or example crack house

Permits use in expectation o substantial nancial gain

Uses legitimate business premises to aid and/orconceal illegal activity, or example public house or club

Lower culpability:

Permits use or limited or no nancial gain

No active role in any supply taking place

Involvement through naivety

Factors indicating harm (non-exhaustive)

Greater harm:

Regular drug-related activity

Higher quantity o drugs, or example:

heroin,cocainemorethan5g; cannabismorethan50g.

Lesser harm:

Inrequent drug-related activity

Lower quantity o drugs, or example:

heroin,cocaineupto5g;

cannabisupto50g.


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Having determined the category, the court should use the table below to identiy the correspondingstarting point to reach a sentence within the category range. The starting point applies to all oendersirrespective o plea or previous convictions. The court should then consider urther adjustment withinthe category range or aggravating or mitigating eatures, set out over the page.

PERMITTINGPR

EMISES

Where the deendant is dependent on or has a propensity to misuse drugs and there is sufcientprospect o success, a community order with a drug rehabilitation requirement under section 209o the Criminal Justice Act 2003 can be a proper alternative to a short or moderate length custodialsentence.

Forclass A cases, section 110 o the Powers o Criminal Courts (Sentencing) Act 2000 providesthat a court should impose a minimum sentence o at least seven years imprisonment or athird class A trafcking oence except where the court is o the opinion that there are particularcircumstanceswhich(a)relatetoanyoftheoencesortotheoender;and(b)wouldmakeitunjust to do so in all the circumstances.

Class A

Oence categoryStarting point

(applicable to all oenders)

Category range

(applicable to all oenders)Category 1 2 years 6 months custody 18 months 4 years custody

Category 2 36 weeks custody High level community order 18 months custody

Category 3 Medium level community order Low level community order high level community order

Class B


(applicable to all oenders)Category range


Category 1 1 years custody 26 weeks 18 months custodyCategory 2 High level community order Low level community order 26 weeks custody

Category 3 Band C ne Band A ne low level community order

Class C




Category 1 12 weeks custody High level community order 26 weeks custody*

Category 2 Low level community order Band C ne high level community order Category 3 Band A ne DischargebandCne

* When tried summarily, the maximum penalty is 12 weeks custody.


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The table below contains a non-exhaustive list o additional actual elements providing the contexto the oence and actors relating to the oender. Identiy whether any combination o these, or

other relevant actors, should result in an upward or downward adjustment rom the starting point.In some cases, having considered these actors, it may be appropriate to move outside the identiedcategory range.


Where appropriate, the court should also consider the community threshold as ollows: hasthecommunitythresholdbeenpassed?



Previous convictions, having regard to a) nature o theoence to which conviction relates and relevance tocurrentoence;andb)timeelapsedsinceconviction(see shaded box at page 25 i third drug trafckingconviction)



Length o time over which premises used or drugactivity

Volumeofdrugactivitypermitted

Premises adapted to acilitate drug activity

Location o premises, or example proximity to school



High purity

Presence o weapons, where not charged separately



Established evidence o community impactPERMITTINGPR

EMISES


Involvement due to pressure, intimidation or coercionalling short o duress

Isolated incident

Low purity

No previous convictions or no relevant or recentconvictions

Oenders vulnerability was exploited

Remorse


Determinationand/ordemonstrationofstepshavingbeen taken to address addiction or oending behaviour






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STEP THREE



STEP FOUR



STEP FIVE

Totality principleI sentencing an oender or more than one oence or where the oender is already serving a sentence,consider whether the total sentence is just and proportionate to the oending behaviour.

STEP SIX


STEP SEVEN


STEP EIGHT


PERMITTINGPR

EMISES


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PERMITTINGPR

EMISES


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POSSESSION

Possession o a controlled drugMisuse o Drugs Act 1971 (section 5(2))

Class AMaximum:7yearscustodyOence range: Fine 51 weeks custody

Class B

Maximum: 5 years custodyOencerange:Discharge26weekscustody

Class CMaximum: 2 years custodyOencerange:DischargeCommunityorder


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POSSESSION


The court should identiy the oence category based on the class o drug involved.

Category 1 Class A drug

Category 2 Class B drug

Category 3 Class C drug


The court should use the table below to identiy the corresponding starting point. The starting pointapplies to all oenders irrespective o plea or previous convictions. The court should then consider

urther adjustment within the category range or aggravating or mitigating eatures, set out on theopposite page.

Where the deendant is dependent on or has a propensity to misuse drugs and there is sufcientprospect o success, a community order with a drug rehabilitation requirement under section 209o the Criminal Justice Act 2003 can be a proper alternative to a short or moderate length custodialsentence.




Category 1 (class A) Band C ne Band A ne 51 weeks custody

Category 2 (class B) Band B ne Discharge26weekscustody

Category 3 (class C) Band A ne Dischargemediumlevelcommunityorder


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POSSESSION

The table below contains a non-exhaustive list o additional actual elements providing the contexto the oence and actors relating to the oender. Identiy whether any combination o these, or

other relevant actors, should result in an upward or downward adjustment rom the starting point.In particular, possession o drugs in prison is likely to result in an upward adjustment. Insome cases, having considered these actors, it may be appropriate to move outside the identiedcategory range.


Where appropriate, the court should also consider the community threshold as ollows:

hasthecommunitythresholdbeenpassed?



Previous convictions, having regard to a) nature o theoence to which conviction relates and relevance tocurrentoence;andb)timeelapsedsinceconviction



Possession o drug in prison


Possession o drug in a school or licensed premises




Charged as importation o a very small amount



No previous convictions or no relevant or recentconvictions

Remorse


Oender is using cannabis to help with a diagnosedmedical condition

Determinationand/ordemonstrationofstepshavingbeen taken to address addiction or oending behaviour


Isolated incident





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POSSESSION

STEP THREE



STEP FOUR


STEP FIVE


STEP SIX

Ancillary ordersIn all cases, the court should consider whether to make ancillary orders.

STEP SEVEN


STEP EIGHT

Consideration or remand timeSentencers should take into consideration any remand time served in relation to the nal sentence atthis nal step. The court should consider whether to give credit or time spent on remand in custody or

on bail in accordance with sections 240 and 240A o the Criminal Justice Act 2003.


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Annex:

Fine bands and community ordersFINE BANDS

In this guideline, nes are expressed as one o three ne bands (A, B or C).

Fine Band Starting point(applicable to all ofenders) Category range(applicable to all ofenders)

Band A 50% o relevant weekly income 2575%ofrelevantweeklyincome

Band B 100% o relevant weekly income 75125%ofrelevantweeklyincomeBand C 150% o relevant weekly income 125175%ofrelevantweeklyincome

COMMUNITY ORDERS

In this guideline, community sentences are expressed as one o three levels (low, medium and high).

An illustrative description o examples o requirements that might be appropriate or each level isprovided below. Where two or more requirements are ordered, they must be compatible with each other.

LOW MEDIUM HIGH

In general, only one requirementwill be appropriate and the length

may be curtailed i additional

requirements are necessary

More intensive sentenceswhich combine two or more

requirements may be appropriate

Suitable requirements might

include:

4080hoursunpaidwork;

curfewrequirementwithinthe

lowest range (or example,

up to 12 hours per day or a

fewweeks);exclusionrequirement,without

electronic monitoring, or a ew

months;

prohibitedactivityrequirement;

attendancecentrerequirement

(where available).


include:

greaternumberofhoursof

unpaid work (or example,

80150hours);

anactivityrequirementinthe

middlerange(20to30days);curfewrequirementwithinthe

middle range (or example, up

to 12 hours or two to three

months);

exclusionrequirement,lasting

intheregionofsixmonths;

prohibitedactivity

requirement.


include:

150300hoursunpaidwork;

activityrequirementuptothe

maximumof60days;

curfewrequirementupto12

hours per day or our to sixmonths;

exclusionorderlastinginthe

region o 12 months.

The tables above are also set out in the Magistrates Court Sentencing Guidelines which includesurther guidance on nes and community orders.


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NOTES


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DEFINITIVEGUIDE

LINE

Documents

Drug Offences Definitive Guideline (Web)