Drug Sentencing: What's the Deal? The New Sentencing Regime for Drug Offences
| Author | Judith Gowland,Zena Smith |
| Published date | 01 October 2012 |
| Date | 01 October 2012 |
| DOI | http://doi.org/10.1350/jcla.2012.76.5.794 |
| Subject Matter | Comment |
COMMENT
Drug Sentencing: What’s the Deal? The
New Sentencing Regime for Drug Offences
Zena Smith* and Judith Gowland†
Keywords Sentencing Guidelines; Drug offences; Mitigation; Medical
conditions; Drug mules; Joint purchase
On 24 January 2012 the Sentencing Council published a definitive set of
principles on the sentencing of drug offences.1The guideline, effective
from 27 February 2012,2attempts to codify the previous existing guid-
ance found in case law3and in particular focuses on the importation of
drugs, the offence of possession with intent to supply and simple posses-
sion. The precepts cover all classifications of drug4and will be used for
sentencing in both the Crown Courts and magistrates’ courts in England
and Wales, unless the court considers it would be contrary to the
interests of justice to do so.5This comment will consider the impact of
the new regime in relation to offences of importation, supply and
possession.
It is important to note that the elements of all of the offences under
the Misuse of Drugs Act 1971 remain unchanged in their statutory
definition. Where case law has previously been cited and relied upon to
define specific terms of the offence,6these remain as precedents under
the new sentencing regime.
The publication of the guideline follows a public consultation on the
Council’s draft proposals,7which heard from nearly 700 members of
the public, criminal justice professionals and other interested parties.8
* Solicitor and Senior Lecturer in Law, Northumbria University; e-mail:
zena.smith@northumbria.ac.uk.
† Solicitor and Senior Lecturer in Law, Northumbria University; e-mail:
judith.gowland@northumbria.ac.uk.
1 Sentencing Council, Drug Offences: Definitive Guideline, available at http://sentencing
council.judiciary.gov.uk/docs/Drug_Offences_Definitive_Guideline_final_%28web%29.pdf,
accessed 10 September 2012.
2 Regardless of the date of the offence.
3 The leading case on drugs sentencing is Rv Aramah [1982] 4 Cr App R (S) 407 and
some additional guidance was offered by the Magistrates’ Court Sentencing
Guidelines.
4 Classes A–C.
5 Coroners and Justice Act 2009, s.125(1)(a).
6 For example, Rv Lambert [2002]2 AC 545 where it was stated that ‘there are two
elements to possession. There is the physical element and there is the mental
element’. In Rv Maginnis [1987] AC 303 it was held that the word ‘supply’ is to be
ascertained ‘by reference to the ordinary neutral meaning of the word together
with any assistance which may be afforded by the context’.
7 Sentencing Council, Drug Offences Guideline: Public Consultation, March 2011,
available at http://sentencingcouncil.judiciary.gov.uk/docs/Drug_Offences_Guideline_Public_
Consultation_pdf, accessed 10 September 2012.
8 Sentencing Council, Drug Offences: Response to Consultation, January 2012, available at
http://sentencingcouncil.judiciary.gov.uk/docs/Drug_Offences_Response-%28web%29.pdf,
accessed 10 September 2012.
389The Journal of Criminal Law (2012) 76 JCL 389–398
doi:10.1350/jcla.2012.76.5.794
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