Criminal Law Legislation Update
| Date | 01 June 2012 |
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2012.76.3.765 |
| Published date | 01 June 2012 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law
Legislation Update*
Laura McGowan†
Sentencing guidelines
The Sentencing Council has issued a new definitive guideline on sen-
tencing for drug offences (available at http://sentencingcouncil.judiciary.
gov.uk/). It came into force on 27 February 2012. The guideline covers
the importation or exportation of controlled drugs, contrary to s. 3 of the
Misuse of Drugs Act 1971 and s. 107(2) of the Customs and Excise
Management Act 1979; supplying or offering to supply a controlled drug
contrary to s. 4(3) of the Misuse of Drugs Act 1971 and possession of a
controlled drug with intent to supply contrary to s. 5(3) of the Misuse of
Drugs Act 1971; production of a controlled drug and the cultivation of
cannabis plant contrary to s. 4(2)(a) or (b) and s. 6(2) of the Misuse
of Drugs Act 1971; permitting premises to be used contrary to s. 8 of the
Misuse of Drugs Act 1971; and possession of a controlled drug contrary
to s. 5(2) of the Misuse of Drugs Act 1971.
The guideline reinforces current sentencing practice in relation to
most types of drug offences, but there are some changes to sentence
levels for large-scale production offences and for drug ‘mules’.
Under the new guideline there are likely to be increased sentence
lengths for those found guilty of large-scale production offences. The top
of the range for production of class B drugs such as cannabis has been set
at 10 years’ custody. The guideline does not make changes to current
sentencing levels for smaller-scale production offences.
Among importation offences, sentence lengths for drug mules will
have a starting point of six years’ imprisonment, a reduction of around
four years from current sentencing levels. The Sentencing Council
believes that while:
these are substantial jail sentences, reflecting the seriousness of importa-
tion offences, they also reflect the reduced culpability of drug mules who
are usually naïve individuals who have been exploited by organised crim-
inals to carry drugs. They do not understand the consequences of what
they are doing and are treated as disposable by their exploiters.
It is debatable whether the starting point of six years for an importation
offence is really significant considering that the offenders will only serve
half of their sentence in custody. Further, although these individuals are
usually treated as disposable by their exploiters, it is very likely that they
do understand the consequences of what they are doing.
* As at 20 March 2012.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
191The Journal of Criminal Law (2012) 76 JCL 191–192
doi:10.1350/jcla.2012.76.3.765
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