Permitting premises to be used for drug related activities
Date Produced: 14 February 2012
Title: Drugs
Offence: Permitting premises to be used
Legislation: Section 8 Misuse of Drugs Act 1970
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: Class A, B and C-14 years
The definitive drugs guideline comes into place on 27 February 2012 and applies to all drug offences sentenced after that date.
The route to sentence:-
Step 1
- Category 1 Higher culpability and greater harm
- Category 2 Lower culpability and greater harm; or higher culpability and lesser harm
- Category 3 Lower culpability and lesser harm
To determine an offender's category use the table below to assess an offender's culpability and harm.
Factors indicating culpability (non exhaustive)
Higher culpability
- Permits premises to be used primarily for drug activity, for example crack house
- Permits use in expectation of substantial financial gain
- Uses legitimate business premises to aid and/or conceal illegal activity, for example public house or club
Lower culpability
- Permits use for limited or no financial 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 of drugs for example
- Heroin or cocaine more than 5 g
- Cannabis more than 50g
Lesser harm
- Infrequent drug related activity
- Lower quantity of drugs for example
- Heroin or cocaine less than 5 g
- Cannabis less than 50g
Step 2
Starting point and category range
Nb.
- The starting point applies to all offenders irrespective of plea or previous conviction.
- For drug dependent defendants or those who use regularly a community order with a drug rehab requirement can be a proper alternative to a short or moderate length sentence
Class A
Nb. minimum of 7 years for 3rd class A trafficking offence
Category Range - (applicable to all offenders)
Category 1
Starting Point: 2 years 6 months
Category Range: 18 months-4 years
Category 2
Starting Point: 36 weeks
Category Range: High level community order-18 months
Category 3
Starting Point: Medium level community order
Category Range: Low level community order-high level community order
Class B
Category Range (applicable to all offenders)
Category 1
Starting Point: 1 year
Category Range: 26 weeks-18 months
Category 2
Starting Point: High level community order
Category Range: Low level community order-26 weeks
Category 3
Starting Point: Band C fine
Category Range: Band A fine- Low level community order
Class C
Category Range (applicable to all offenders)
Category 1
Starting Point: 12 weeks
Category Range: High level community order- 26 weeks
Category 2
Starting Point: Low level community order
Category Range: Band C fine-high level community order
Category 3
Starting Point: Band A fine
Category Range: Discharge-band C fine
The sentencing starting point is adjusted up or down by a list of additional aggravating and mitigating factors set out in the guideline. Described as a non exhaustive list it may on occasion be appropriate to move outside the identified category range. The guideline emphasises that possession of drugs in prison is likely to result in an upward adjustment.
Aggravating Features
- Statutory aggravating factors
- Previous convictions
- Offence committed on bail
- Other aggravating factors
- Length of time over which premises used for drug activity
- Volume of drug activity permitted
- Premises adapted to facilitate drug activity
- Location of premises, for example proximity to a school
- Presence of others, especially children and/or non users
- Possession of drug in a school or licensed premises
- Failure to comply with current court orders
- Offence committed on licence
- Attempts to conceal or dispose of evidence, where not charged separately
- Presence of weapons, where not charged separately
- High purity
- Established evidence of community impact
Mitigating Features
- Involvement due to pressure, intimidation or coercion falling short of duress
- Remorse
- Good character and or exemplary conduct
- Offender is using cannabis to help with a diagnosed medical condition
- Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
- Low purity
- Isolated incident
- Serious medical conditions requiring urgent, intensive or long term treatment
- Age and/or lack of maturity where it affects the responsibility of the offender
- Mental disorder or learning disability
- Sole or primary carer of dependent relatives
Step 3
- consider factors which indicate a reduction such as assistance to the prosecution
Step 4
- reduction for guilty plea Max reduction of 20% for a mandatory 3rd drug trafficking conviction
Step 5
- totality principle where sentencing for more than one offence or the offender is already serving.
Step 6
- confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders
Step 7
- reasons/explanation for sentence
Step 8
- consider time spent on remand in custody or bail.
Ancillary Orders:
ASBO
Confiscation
Forfeiture orders
Destruction orders
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