Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2011.75.4.709 |
| Published date | 01 August 2011 |
| Date | 01 August 2011 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Consultation Papers
The Sentencing Council (http://sentencingcouncil.judiciary.gov.uk/) has is-
sued a Consultation Paper on sentencing for drug offences on 28 March
2011. Submissions are requested by 20 June 2011. The draft guideline
covers the most commonly sentenced drugs offences including importa-
tion, production, supply, permitting premises to be used for drugs of-
fences and possession. The consultation proposes that:
drug barons playing a leading role in large scale offences such as smuggling
and supply will continue to face long prison sentences but the guideline
also intends to distinguish these leading players from those in subordinate
roles such as drug mules, who may be coerced or misled into carrying
drugs. To tackle increases in production offences, the guideline also ensures
that tougher sentences are available for those running large scale
operations.
The factors which will most influence sentence are the role played by
the defendant in a drug supply, the quantity of the drug supplied and, of
course, whether the drug is Class A, B or C. At the highest end of the
scale for a Class A drug a defendant who plays a leading role in the
supply of a very large quantity of drugs the starting point is 14 years’
custody and the sentencing range is 12 to 16 years’ custody. At the very
lowest end of the supply chain a defendant who is a subordinate role,
and supplies a very small quantity of Class A drugs the starting point is
26 weeks’ custody and the sentencing range is a high-level community
order to two years’ custody.
Reports
The Sentencing Council has published a new definitive guideline on
assault offences on 16 March 2011 (available at http://sentencingcouncil.
judiciary.gov.uk/guidelines/forthcoming-guidelines.htm). This guideline is is-
sued in accordance with s. 120(4) of the Coroners and Justice Act 2009
and covers s. 18 causing grievous bodily harm with intent to do grievous
* As at 5 May 2011.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
253The Journal of Criminal Law (2011) 75 JCL 253–255
doi:10.1350/jcla.2011.75.4.709
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