Offences

Aggravation of offence under section 5
6
1
This section applies if—
a
a court 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—
  1. in England and Wales, as in section 4 of the Education Act 1996;
  2. in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;
  3. 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—
  1. a prison;
  2. a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;
  3. a removal centre, a short-term holding facility or pre-departure accommodation;
  4. 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.