SECOND GROUP OF PARTSU.K.Provisions applying to sentencing courts generally

PART 4E+WExercise of court's discretion

CHAPTER 3E+WSeriousness and determining sentence

Aggravating factorsE+W
71Supply of controlled drug near school premises or involving childE+W

(1)This section applies where—

(a)a court is considering the seriousness of an offence under section 4(3) of the Misuse of Drugs Act 1971 (supplying controlled drug etc), and

(b)the offender was aged 18 or over when the offence was committed.

(2)If condition A or B is met, the court—

(a)must treat the fact that the condition is met as an aggravating factor, and

(b)must state in open court that the offence is so aggravated.

(3)Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.

(4)For the purposes of subsection (3)—

  • “relevant time”, in relation to school premises, is—

    (a)

    any time when the school premises are in use by persons under the age of 18;

    (b)

    one hour before the start and one hour after the end of any such time;

  • “school” has the same meaning as it has in section 4A of the Misuse of Drugs Act 1971;

  • “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.

(5)Condition B is that in connection with the commission of the offence the offender used a courier who, when the offence was committed, was aged under 18.

(6)For the purposes of subsection (5), a person uses a courier in connection with an offence under section 4(3) of the Misuse of Drugs Act 1971 if the person causes or permits another person (“the courier”)—

(a)to deliver a controlled drug to a third person, or

(b)to deliver a drug-related consideration to the person or a third person.

(7)For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—

(a)is obtained in connection with the supply of a controlled drug, or

(b)is intended to be used in connection with obtaining a controlled drug.

(8)In this section, “controlled drug” and “supply” have the same meanings as in the Misuse of Drugs Act 1971.

Commencement Information