Supplying a controlled drug — Class A

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
• 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
• Exploitation of children and/or vulnerable persons to assist in drug-related activity
• Offender supplies or offers to supply a drug to a person under the age of 18
• Exercising control over the home of another person for drug-related activity
• Targeting of any premises where children or other vulnerable persons are likely to be present
• Exposure of drug 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 drug
• Exposure of those involved in drug dealing to the risk of serious harm, for example through method of transporting drugs
• Exposure of third parties to the risk of serious harm, for example, through the location of the drug-related activity
• 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.
• Supply only of drug to which offender addicted
• Mistaken belief of the offender regarding the type of drug, 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