Production of Controlled Drug
(there is a separate guideline for cultivation of cannabis)
Date Produced: 14 February 2012
Title: Drugs
Offence: Production of Controlled Drug
Legislation: Section 4 (2) Misuse of Drugs Act 1971 for production
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Class A Life Imprisonment, it also counts as a drug trafficking offence, Class 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 determine the offender's role; then the category of the offence.
The offenders role
Leading role
- Directing or organising production on a commercial scale;
- Substantial links to, and influence on, others in a chain;
- Expectation of substantial financial gain;
- Uses business as cover;
- Abuses a position of trust or responsibility.
Significant role
- Operation or management function within a chain;
- Involves others in the operation whether by pressure, influence, intimidation or reward;
- Motivated by financial or other advantage, whether or not operating alone;
- Some awareness and understanding of scale of operation.
Lesser role
- Performs a limited function under direction;
- Engaged by pressure, coercion, intimidation;
- Involvement through naivety/exploitation;
- No influence on those above in a chain;
- Very little, if any, awareness or understanding of the scale of operation;
- If own operation, solely for own use (considering reasonableness of account in all the circumstances).
The category of harm is determined by the output/potential output of the operation.
Category 1
- Heroin, cocaine-5kg;
- Ecstasy-10,000 tablets;
- LSD-250,000 squares;
- Amphetamine-20kg;
- Cannabis-operation capable of producing industrial quantities for commercial use;
- Ketamine- 5 kg.
Category 2
- Heroin, cocaine-1kg;
- Ecstasy-2,000 tablets;
- LSD-25,000 tablets;
- Amphetamine-4kg;
- Cannabis-operation capable of producing significant quantities for commercial use;
- Ketamine- 1 kg.
Category 3
- Heroin, cocaine-150g;
- Ecstasy-300 tablets;
- LSD-2,500 squares;
- Amphetamine-750g;
- Cannabis-28 plants;
- Ketamine- 150g.
Category 4
- Heroin, cocaine-5g;
- Ecstasy-20 tablets;
- LSD-170 squares;
- Amphetamine-20g;
- Cannabis-9 plants;
- Ketamine- 5 g.
Step 2 sentencing range
Class A
Category 1
This is a drug trafficking offence attracting a minimum sentence for 3rd offence
Leading role
Starting Point: 14 years
Category Range: 12-16
Significant role
Starting Point: 10 years
Category Range: 9-12
Lesser role
Starting Point: 7 years
Category Range: 6-9
Category 2
Leading role
Starting Point: 11 years
Category Range: 9-13
Significant role
Starting Point: 8 years
Category Range: 6 yrs 6 mnths-10 yrs
Lesser role
Starting Point: 5 years
Category Range: 3 yrs 6mnths-7 yrs
Category 3
Leading role
Starting Point: 8 years 6 mnths
Category Range: 6 years 6 months-10 years
Significant role
Starting Point: 5 year
Category Range: 3 years 6 mnths-7 years
Lesser role
Starting Point: 3 years 6 mnths
Category Range: 2-5 years
Category 4
Leading role
Starting Point: 5 years 6 mnths
Category Range: 4 years 6 mnths-7 years 6 mnths
Significant role
Starting Point: 3 years 6 mnths
Category Range: 2-5 yrs
Lesser role
Starting Point: 18 months
Category Range: High level community order-3 yrs
Class B
Category 1
Leading role
Starting Point: 8 years
Category Range: 7-10
Significant role
Starting Point: 5 years 6 months
Category Range: 5-7
Lesser role
Starting Point: 3 years
Category Range: 2 years 6 months-5 years
Category 2
Leading role
Starting Point: 6 years
Category Range: 4yrs 6mnths-8 yrs
Significant role
Starting Point: 4 years
Category Range: 2 yrs 6 mnths-5yrs
Lesser role
Starting Point: 1 year
Category Range: 26 weeks-3 years
Category 3
Leading role
Starting Point: 4 years
Category Range: 2 years 6 months-5 years
Significant role
Starting Point: 1 year
Category Range: 26 weeks-3 years
Lesser role
Starting Point: High level community order
Category Range: low level community order to 26 weeks
Category 4
Leading role
Starting Point: 1 year
Category Range: High level community order-3 years
Significant role
Starting Point: High level community order
Category Range: Medium level community order-26 weeks
Lesser role
Starting Point: Band C fine
Category Range: Discharge- Medium level community order
Class C
Category 1
Leading role
Starting Point: 5 years
Category Range: 4-8
Significant role
Starting Point: 3 years
Category Range: 2-5
Lesser role
Starting Point: 18 months
Category Range: 1-3 years
Category 2
Leading role
Starting Point: 3 years 6 mnths
Category Range: 2-5 yrs
Significant role
Starting Point: 18 months
Category Range: 1-3 yrs
Lesser role
Starting Point: 26 weeks
Category Range: High level community order-18 mnths
Category 3
Leading role
Starting Point: 18 mnths
Category Range: 1-3 years
Significant role
Starting Point: 26 weeks
Category Range: High level community order-18 mnths
Lesser role
Starting Point: High level community order
Category Range: low level community order to 12 weeks
Category 4
Leading role
Starting Point: 26 weeks
Category Range: High level community order-18 months
Significant role
Starting Point: High level community order
Category Range: Low level community order-12 weeks
Lesser role
Starting Point: Band C fine
Category Range: Discharge- Medium level community order
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.
Statutory Aggravating Features
- Previous convictions
- Offence committed on bail
Other aggravating features include:
- Nature of any likely supply
- Level of any profit element
- Use of premises accompanied by unlawful abstraction of electricity/other utilities
- Ongoing/large scale operation as evidenced by presence and nature of specialist equipment
- Exposure of others to more than unusual danger, for example drugs cut with harmful substances
- Attempts to conceal or dispose of evidence, where not charged separately
- Presence of others, especially children
- Presence of weapons where not charged separately
- High purity or high potential yield
- Failure to comply with current court orders
- Offence committed on licence
- Established evidence of community impact
Mitigating Features
- Involvement due to pressure, intimidation or coercion failing short of duress, except where already taken into account in step 1
- Isolated incident
- Low purity
- No previous convictions or no relevant or recent convictions
- Offender's vulnerability was exploited
- Remorse
- Good character and or exemplary conduct
- Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
- 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
But remember for Class A offences, where a minimum mandatory sentence is imposed the discount for an early guilty plea must not exceed 20 per cent.
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
POCA
Forfeiture orders
Destruction Confiscation
Car used? The Judge has power to impose a driving ban under section 146/147 Power of Criminal Courts (Sentencing) Act 2000
Travel restriction orders. Judge's have a wide discretion which has to be exercised carefully and has to be proportional R v. Mee 2004 Crim L R 487 and section 33 CJ and Police Act 2001
Deportation
Links
Cultivation or Production of Cannabis
Return to the Sentencing Manual index
