Offences

I1C16Aggravation of offence under section 5

F41

F1Subsections (2) to (10) apply if—

a

a court F2in 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.

F42

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.

F43

Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.

F44

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—

    1. a

      in England and Wales, as in section 4 of the Education Act 1996;

    2. b

      in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;

    3. 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)).

F56

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.

F57

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.

F58

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.

F59

Condition C is that the offence was committed in a custodial institution.

F510

In this section—

  • “custodial institution” means any of the following—

    1. a

      a prison;

    2. b

      a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;

    3. c

      a removal centre, a short-term holding facility or pre-departure accommodation;

    4. 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.

F311

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.