Correct on the date of publication - 1 June 2026
Question:
There is a house adjacent to a school field, from which drugs are supplied in full view of the children throughout the day. Would these 'supply' offences be considered to be more serious?
Answer:
These circumstances may well amount to 'aggravated supply of controlled drugs' under section 71 of the Sentencing Act 2020. Although there is no offence of 'aggravated supply' there are provisions relevant to sentencing when determining punishments for 'supply offences' contrary to section 4A of the Misuse of Drugs Act 1971.
The provisions are confined to a 'relevant time', namely when the school premises are in use by persons under 18 and one hour before the start and one hour after the end of any such time.
Assuming evidence has been secured against the 'suppliers' who are 18 years of age or older and, providing the offences take place within the relevant time, the court must treat this as an aggravating factor that increases the seriousness of the offence and ought to affect their sentence accordingly.
Also, where the dealer sends a young person (under the age of 18) to 'deal' on his or her behalf in the vicinity of school premises, this too would be treated as an aggravating factor.
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