Psychoactive Substances Act 2016

6Aggravation of offence under section 5U.K.

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[F1(1)[F2Subsections (2) to (10) apply] if—

(a)a court [F3in 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.]

[F1(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.]

[F1(3)Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.]

[F1(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)).

[F4(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.]

[F4(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.]

[F4(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.]

[F4(9)Condition C is that the offence was committed in a custodial institution.]

[F4(10)In this section—

  • “custodial institution” means any of the following—

    (a)

    a prison;

    (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.]

[F5(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

F1S. 6(1)-(4) repealed (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 29 (with ss. 413(4), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4S. 6(6)-(10) repealed (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 29 (with ss. 413(4), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1S. 6 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I1S. 6 in force at 26.5.2016 by S.I. 2016/553, reg. 2