Producing 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
• Exercising control over the home of another person for the purposes of the offending
• Nature of any likely supply
• Level of any profit element
• Use of premises accompanied by unlawful access to electricity/other utility supply of others, where not charged separately
• Ongoing/large scale operation as evidenced by presence and nature of specialist equipment
• 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 producing the psychoactive substances to the risk of serious harm, for example through method of production
• Exposure of third parties to the risk of serious harm
• 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

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.
• Isolated incident
• No previous convictions or no relevant or recent convictions
• Offender’s vulnerability was exploited
• 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