Sentences for drugs offence vary significantly because of the different types of offences and the different classification of drugs as well as the facts and circumstances of the case.
The Sentencing Guidelines Council have produced guidelines to assist the Court will passing sentences that take into account the various different factors.
The penalties will be determined with reference to the amount(s) and class(es) of the drugs involved. The Court will also consider the role played – whether the offender played a leading, significant or lesser role in an offence. Offences involving dealing in Class A drugs in particular can attract severe penalties.
We have produced a table below setting out the maximum and range of sentences for each classification of drug and the various different offence types:
Offence(s) | Class | Maximum | Range |
Importation | A | Life imprisonment | High Level Community Order - 16 years |
B | 14 years’ imprisonment and/or an unlimited fine | Band B fine - 10 years | |
C | 14 years’ imprisonment and/or an unlimited fine | Band A Fine - 8 years | |
Production | A | Life imprisonment | High Level Community Order - 16 years |
B | 14 years’ imprisonment and/or an unlimited fine | Band B fine - 10 years | |
C | 14 years’ imprisonment and/or an unlimited fine | Band A fine - 8 years | |
Supply / Offer to Supply / Possession with Intent to Supply | A | Life imprisonment | High Level Community Order - 16 years |
B | 14 years’ imprisonment and/or an unlimited fine | Band B fine - 10 years | |
C | 14 years’ imprisonment and/or an unlimited fine | Band A fine - 8 years | |
Possession | A | 7 years’ imprisonment | Fine - 51 weeks |
B | 5 years’ imprisonment | Discharge - 26 weeks | |
C | 2 years’ imprisonment | Discharge - Medium Community Order | |
Cultivating | B | 14 years’ imprisonment | Band A fine - 8 years |
Additionally, section 313 of Sentencing Act 2020 provides that a person convicted of a class trafficking offence who has two previous drug offence convictions must be sentenced to a minimum of seven years’ imprisonment and therefore the offence can only be dealt with in the crown court (indictable only).
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.