Importing or exporting a psychoactive substance

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous convictions
• Offence committed on bail
• Exploitation of children and/or vulnerable persons to assist in the offending
• Involving an innocent agent in the commission of the offence
• Targeting of any premises where children or other vulnerable persons are likely to be present
• Exposure of psychoactive substance user to the risk of serious harm over and above that expected by the user, for example, through the method of production or subsequent adulteration of the substance
• Exposure of those involved in dealing in the psychoactive substance to the risk of serious harm, for example through method of transporting the substance
• Exposure of third parties to the risk of serious harm
• Attempts to conceal or dispose of evidence, where not charged separately
• Presence of weapons, where not charged separately
• Use of violence (where not charged as separate offence or taken into account at step one)
• Failure to comply with current court orders
• Offence committed on licence or post sentence supervision
• Use of sophisticated methods or technologies in order to avoid or impede detection

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Involvement due to pressure, intimidation or coercion falling short of duress, except where already taken into account at step one.
• Importation only of psychoactive substance to which offender addicted and of quantity consistent with personal use
• Mistaken belief of the offender regarding the type of substance, taking into account the reasonableness of such belief in all the circumstances
• Isolated incident
• No previous convictions or no relevant or recent convictions
• Remorse
• Positive character and/or exemplary conduct (regardless of previous convictions)
• 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 (which may be applicable to offenders aged 18-25)
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives