- Latest available (Revised)
- Point in Time (29/11/2022)
- Original (As enacted)
Point in time view as at 29/11/2022.
Sentencing Act 2020, Section 72 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where—
(a)a court is considering the seriousness of an offence under section 5 of the Psychoactive Substances Act 2016 (supplying psychoactive substance etc), and
(b)the offender was aged 18 or over when the offence was committed.
(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, 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)—
“relevant time”, in relation to school premises, means—
any time when the school premises are in use by persons under the age of 18;
one hour before the start and one hour after the end of any such time;
“school” has the same meaning as in section 6 of the Psychoactive Substances Act 2016;
“school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.
(5)Condition B is that, in connection with the offence, the offender used a courier who, when the offence was committed, was aged under 18.
(6)For the purposes of subsection (5), a person uses a courier in connection with an offence under section 5 of the Psychoactive Substances Act 2016 if the person 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 the person or a third person.
(7)For the purposes of subsection (6), 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.
(8)Condition C is that the offence was committed in a custodial institution.
(9)For the purposes of subsection (8), “custodial institution” means any of the following—
(a)a prison;
(b)a young offender institution, secure training centre or secure college;
(c)a removal centre, short-term holding facility or pre-departure accommodation (each, as defined in section 147 of the Immigration and Asylum Act 1999);
(d)service custody premises (as defined in section 300(7) of the Armed Forces Act 2006).
(10)In this section “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act).
Commencement Information
I1S. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: