Today, the British Sentencing Council published a new guideline for judges and magistrates on the sentencing of drug offences.

The guideline on drug offences applies to all offenders aged 18 and over regardless of the date of their offence and comes into effect from 27 February 2012.

The guideline covers the most commonly sentenced offences – importation, production, supply, permitting premises to be used for drug offences and possession. All drugs from class A to C are covered by the guideline, which will be used for sentencing in both the Crown Court and magistrates’ courts.

Under the new guideline there are likely to be increased sentence lengths for those guilty of large scale production offences and reduced sentence lengths for drug mules. Sentences for drug mules – who are usually vulnerable and exploited by organised criminals – will have a starting point of six years imprisonment.

There will be no change in sentencing for possession or drug supply offences. Where an offender profits from selling drugs, a prison sentence can be expected. Street dealers who have a significant role in selling class A drugs, particularly those who sell drugs for profit can expect a custodial sentence with a starting point of four and a half years. Sentences could go up to 16 years for a single incident depending on the quantity of drugs involved.

The guideline also introduces a new aggravating factor to supply offences to ensure that where offenders are dealing to those under the age of 18 they are treated more severely.

Further reading:

Drug offences definitive guideline – Crown Court

Drug offences definitive guideline – Magistrates’ Courts

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