Supplying or offering to supply a controlled drug
(Possession of a controlled drug with intent to supply )
Date Produced: 14 February 2012
Title: Drugs
Offence: Supplying or offering to supply a controlled drug, Possession of a controlled drug with intent to supply
Legislation: Section 170 Customs & Excise Management Act 1970, Section 4 (3) Misuse of Drugs Act 1970
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Class A max life, Class B and C max 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
(a) determine the offender's culpability/role then (b) the category of harm.
The offender's culpability/role
Leading role
- Directing or organising production on a commercial scale;
- Substantial links to, and influence on, others in a chain;
- Close link to original source;
- 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
The greater the quantity the higher the category.
But where the offence is street dealing and the offender is arrested in possession of a small amount, the quantity of the product is less important; equally where a prison officer is supplying to prisoners; such cases will come within category 3.
If the scale of supply is significantly higher than category 1, sentences of 20 years+ may be appropriate depending on the offender's role.
Category 1
- Heroin, cocaine -5 kg;
- Ecstasy-10,000 tablets;
- LSD-250,000 squares;
- Amphetamine- 20kg;
- Cannabis- 200kg;
- Ketamine-5kg.
Category 2
- Heroin, cocaine -1 kg;
- Ecstasy-2,000 tablets;
- LSD-25,000 squares;
- Amphetamine- 4kg;
- Cannabis- 40kg;
- Ketamine-1kg.
Category 3
- Heroin, cocaine -150g;
- Ecstasy-300 tablets;
- LSD-2,500 squares;
- Amphetamine- 750g;
- Cannabis- 6kg;
- Ketamine-150g.
Category 4
- Heroin, cocaine -5 g;
- Ecstasy-20 tablets;
- LSD-170 squares;
- Amphetamine- 20g;
- Cannabis- 100g;
- Ketamine-5g.
Step 2
Sentencing range
Nb. The starting point applies to all offenders irrespective of plea or previous conviction.
Class A
Nb. for a 3rd Class A trafficking offence see below.
Category 1
Leading role
Starting Point: 14 years
Category Range: 12 - 16 years
Significant role
Starting Point: 10 years
Category Range: 9 - 12 years
Lesser role
Starting Point: 7 years
Category Range: 6 - 9 years
Category 2
Leading role
Starting Point: 11 years
Category Range: 9 - 13 years
Significant role
Starting Point: 8 years
Category Range: 6 years 6 months - 10 years
Lesser role
Starting Point: 5 years
Category Range: 3 years 6 months - 7 years
Category 3
Leading role
Starting Point: 8 years 6 months
Category Range: 6 years 6 months - 10 years
Significant role
Starting Point: 4 years 6 months
Category Range: 3 years 6 months - 7 years
Lesser role
Starting Point: 3 years
Category Range: 2 - 4 years 6 months
Category 4
Leading role
Starting Point: 5 years 6 months
Category Range: 4 years 6 months - 7 years 6 months
Significant role
Starting Point: 3 years 6 months
Category Range: 2 - 5 years
Lesser role
Starting Point: 18 months
Category Range: High level community order - 4 years
Class B
Category 1
Leading role
Starting Point: 8 years
Category Range: 7 - 10 years
Significant role
Starting Point: 5 years 6 months
Category Range: 5 - 7 years
Lesser role
Starting Point: 3 years
Category Range: 2 years 6 months - 5 years
Category 2
Leading role
Starting Point: 6 years
Category Range: 4 years 6 months - 8 years
Significant role
Starting Point: 4 years
Category Range: 2 years 6 months - 5 years
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 - 26 weeks
Category 4
Leading role
Starting Point: 18 months
Category Range: 26 weeks - 3 years
Significant role
Starting Point: High level community order
Category Range: Medium level community order - 26 weeks
Lesser role
Starting Point: Low level community order
Category Range: Band B fine - medium level community order
Class C
Category 1
Leading role
Starting Point: 5 years
Category Range: 4 - 8 years
Significant role
Starting Point: 3 years
Category Range: 2 - 5 years
Lesser role
Starting Point: 18 months
Category Range: 1 - 3 years
Category 2
Leading role
Starting Point: 3 years 6 months
Category Range: 2-5 years
Significant role
Starting Point: 18 months
Category Range: 1-3 years
Lesser role
Starting Point: 26 weeks
Category Range: 12 weeks-18 months
Category 3
Leading role
Starting Point: 18 months
Category Range: 1 - 3 years
Significant role
Starting Point: 26 weeks
Category Range: 12 weeks - 18 months
Lesser role
Starting Point: High level community order
Category Range: Low level community order - 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: Low level community order
Category Range: Band A fine-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.
Aggravating Features
- Statutory aggravating factors
- Previous convictions
- Offender used or permitted a person under 18 to deliver a controlled drug to a third person
- Offender 18 or over supplies or offers to supply a drug on, or in the vicinity of school premises either when school in use as such or at a time between one hour before and one hour after they are to be used.
- Offence committed on bail
- Other aggravating factors
- Targeting of any premises intended to locate vulnerable individuals and or supply to those under 18
- 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 and/or non users
- Presence of weapons where not charged separately
- High purity
- 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
- Supply only of drug to which offender addicted
- Mistaken belief of the offender regarding the type of drug, taking onto account the reasonableness of such belief in all the circumstances
- 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 Confiscationorders
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
If a car was used a driving ban may be appropriate under section 146/147 Power of Criminal Courts (Sentencing) Act 2000.
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