6Aggravation of offence under section 5U.K.
This section has no associated Explanatory Notes
[(1)[Subsections (2) to (10) apply] if—
(a)a court [in Scotland or Northern Ireland] is considering the seriousness of an offence under section 5, and
(b)at the time the offence was committed the offender was aged 18 or over.]
[(2)If condition A, B or C is met the court—
(a)must treat the fact that the condition is met as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
(b)must state in open court that the offence is so aggravated.]
[(3)Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.]
[(4)For the purposes of subsection (3) a “relevant time” is—
(a)any time when the school premises are in use by persons under the age of 18;
(b)one hour before the start and one hour after the end of any such time.]
(5)In this section—
“school premises” means land used for the purposes of a school, other than any land occupied solely as a dwelling by a person employed at the school;
“school” has the same meaning—
(a)
in England and Wales, as in section 4 of the Education Act 1996;
(b)
in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;
(c)
in Northern Ireland, as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
[(6)Condition B is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.]
[(7)For the purposes of subsection (6) a person (“P”) uses a courier in connection with an offence under section 5 if P causes or permits another person (the courier)—
(a)to deliver a substance to a third person, or
(b)to deliver a drug-related consideration to P or a third person.]
[(8)A drug-related consideration is a consideration of any description which—
(a)is obtained in connection with the supply of a psychoactive substance, or
(b)is intended to be used in connection with obtaining a psychoactive substance.]
[(9)Condition C is that the offence was committed in a custodial institution.]
[(10)In this section—
“custodial institution” means any of the following—
(b)
a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;
(c)
a removal centre, a short-term holding facility or pre-departure accommodation;
(d)
service custody premises;
“removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
“service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.]
[(11)For the requirement for a court in England and Wales considering the seriousness of an offence under section 5 to treat certain matters as aggravating factors, see section 72 of the Sentencing Code.]
Textual Amendments
Modifications etc. (not altering text)
Commencement Information