Psychoactive Substances Act 2016

6 Aggravation of offence under section 5 U.K.

[F1 (1) [F2 Subsections (2) to (10) apply] if—

(a) a court [F3 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.]

[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

F1 S. 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

F2 Words in s. 6(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 295(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in s. 6(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 295(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4 S. 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

F5 S. 6(11) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 295(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 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

I1 S. 6 in force at 26.5.2016 by S.I. 2016/553, reg. 2