Supplying or offering to supply a controlled drug/ must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. Class A However, this factor is less likely to be relevant where the offending is very serious. In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Note: For offences committed on or after 28 June 2022 the minimum sentence must be imposed unless the court is of the opinion that there are exceptional circumstances which relate to any of the offences or to the offender, and justify not doing so. February 6, 2002. In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. Lansing, MI. In circumstances where an appropriate custodial sentence of 7 years falls to be imposed under section 313 of the Sentencing Code (third Class A drug trafficking offences), the court may impose any sentence in accordance with this guideline which is not less than 80 per cent of the appropriate custodial period. Drug supply is punishable by up to 2 years imprisonment, but an aggravated offence (for which the quantity is named as one factor) may be punishable by up to 10 years. WebPossession of Class A drug Misuse of Drugs Act 1971 s5(2) C Possession of Class C drug with intent to supply Misuse of Drugs Act 1971 s5(3) C Unlawful wounding Offences With double-lined 2.1mm solid fibreboard construction, you can count on the superior quality and lifespan of all our DURABOX products. As the name suggests, it is a crime to have a controlled drug in your In particular, a Band D fine may be an appropriate alternative to a community order. Possession with intent to supply Possession with intent to supply a controlled drug It is an offence for a person to have a controlled drug in his possession, When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. Aimal Dawlatzai, 24, of Wheatfield Drive, Witney has been charged with possession with intent to supply a controlled class B drug. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. Where a drug (such as fentanyl or its agonists) is not listed in the table below, sentencers should expect to be provided with expert evidence to assist in determining the potency of the particular drug and in equating the quantity in the case with the quantities set out in the guidelines in terms of the harm caused. This Practice Note tells you, Indemnity costs ordersprinciplesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. For drug offences, harm is usually related to the quantity of the drug. They are also fire resistant and can withstand extreme temperatures. Do not retain this copy. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. Possession with Intent to Deliver According to the U.S. Drug Enforcement Agency, controlled substances are classified according to the type and amount of the A community impact statement will assist the court in assessing the level of impact. These are the most serious offences in the Act and will often attract substantial custodial sentences. The court should consider the following factors to determine whether it would be unjust to impose the statutory minimum sentence; The court should take into account section 74 of the Sentencing Code (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. 6 years 6 months 10 years custody, Category range Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. There is no general definition of where the custody threshold lies. These offences can be very serious and you are at risk of getting a prison sentence if convicted. In order to be guilty of this offence the drug must be subject to control. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. There will often be no precise calculation possible, but courts are reminded that in cases of particularly potent drugs, even very small quantities may be held to be equivalent to large quantities of the drugs listed. Confiscation orders under the Proceeds of Crime Act 2002 may only be made by the Crown Court. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. This offence is subject to statutory minimum sentencing provisions. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour. Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty. Similarly, a commitment to address other underlying issues that may influence the offenders behaviour may justify the imposition of a sentence that focusses on rehabilitation. Ian Powell, 49, Vernons Lane, Nuneaton was arrested in Wood Street, Nuneaton yesterday after officers spotted a suspected drug deal. Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. Civil Penal Code, s. 231-232. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. Band B fine Medium level community order, Category range A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Compare, Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. The following factors will be used by the CPS to show evidence of intent to supply: Law enforcement take different approaches to apprehending individuals suspected of possession with intent to supply Class A drugs, depending on the circumstances. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). WebPossession. WebRT @PoliceNorthwich: NEWS | We've charged two people with drugs offences following a stop-check on the A553, at Bartlington Crossroads. Sentences handed out at Magistrates Common Class A drugs are Cocaine, Heroin and Ecstacy. 28 Feb 2023 22:43:17 There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Production, cultivation or manufacture WebPossession of Class A drug Misuse of Drugs Act 1971 s5(2) C Possession of Class C drug with intent to supply Misuse of Drugs Act 1971 s5(3) C Unlawful wounding Offences against the Person Act 1861 s20 C Administering poison etc with intent to injure Offences against the Person Act 1861 s24 C Neglecting to provide food for or WebPulled over in car for routine check and police smelt cannabis, conducted a search and found a small quantity. NEWS | A man has been charged with drug offences after Chester Proactive Team conducted a warrant in Blacon on 24 February. whether there is a realistic prospect of rehabilitation; whether custody will result in significant impact on others. The use of violence, weapons or intimidation are also aggravating factors. Class A It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. WebManchester Office: 0161 835 1638. The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code. is satisfied that there is a compelling need to treat the offence more seriously than elsewhere. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). Confiscation must be dealt with before, and taken into account when assessing, any other fine or financial order (except compensation). WebThe maximum prison sentence for this crime with either Class A or Class B drugs is 14 years and you may also be given an unlimited fine to pay. The action the police take will depend upon your age and the circumstances surrounding the arrest. However, if this is the third drug trafficking offence for which you have been convicted, your case will be heard in the Crown Court. These cookies will be stored in your browser only with your consent. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Forfeiture and destruction of weapons orders, 18. It is important to note that supplying drugs does not require evidence of payment or other reward. Stuart Miller Solicitors assume no responsibility for the accuracy and correctness of the contents of this website or for any consequences of relying on it. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. The intent supply or the offering to supply a controlled drug usually means that the police have found a large quantity of drugs, more that what could be used for 'personal use'. Protect your important stock items, parts or products from dust, humidity and corrosion in an Australian-made DURABOX. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Directing or organising buying and selling on a commercial scale, Substantial links to, and influence on, others in a chain, Expectation of substantial financial or other advantage, Abuses a position of trust or responsibility, Operational or management function within a chain, Involves others in the operation whether by pressure, influence, intimidation or reward, Expectation of significant financial or other advantage (save where this advantage is limited to meeting the offenders own habit), whether or not operating alone, Some awareness and understanding of scale of operation, Performs a limited function under direction, Engaged by pressure, coercion, intimidation, grooming and/ or control, Involvement through naivety, immaturity or exploitation, Very little, if any, awareness or understanding of the scale of operation, Expectation of limited, if any, financial or other advantage (including meeting the offenders own habit), Synthetic cannabinoid receptor agonists (for example spice) very large quantity indicative of an industrial scale operation, Synthetic cannabinoid receptor agonists (for example spice) large quantity indicative of a commercial operation, Synthetic cannabinoid receptor agonists (for example spice) smaller quantity between categories 2 and 4, Synthetic cannabinoid receptor agonists (for example spice) very small quantity, The court should determine the appropriate level of fine in accordance with this guideline and. Penalty notices fixed penalty notices and penalty notices for disorder, 7. These cookies do not store any personal information. The pivotal issue in such cases will be the harm caused to the community. In spite of the widespread use of drugs in England and Wales, drug dealing offences are taken seriously by the courts because of the links between the supply of drugs and organised crime. Przemyslaw Pawlik, aged 32, of Mortimer Street, Derby, handed a suspended sentence for dealing cannabis. If your case is heard in the Magistrates Court, the maximum sentence is 6 months imprisonment per offence or 12 months imprisonment in total. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. For example, the Sentencing Councils guide suggests that if you played a lesser role in supplying 5g or less of Class A drugs, the sentence range would be between a high level community order and 3 years custody. International Criminal Court Act 2001 s.51 or s.52. Where the offender is dealt with separately for a breach of an order regard should be had to totality. (See Proceeds of Crime Act 2002 sections 6 and 13). Our experienced and quick-thinking criminal defence team have decades of experience in representing individuals on drug charges. During your police interview, you have the option of answering the questions that are put to you or remaining silent. In considering whether a statutory minimum sentence would be unjust in all of the circumstances the court must have regard to the particular circumstances of the offence and the offender. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. Possession of a controlled drug with intent to supply it to another, Misuse of Drugs Act 1971 (section 5(3)) Triable either way unless the defendant could receive the minimum sentence of seven years for a third drug trafficking offence under section 313 of the Sentencing Code in which case the offence is triable only on indictment. Alessandro Esposito, 27, of Graham Road, was charged with possession with intent to supply Class A and B drugs. WebThe class of drug a person is caught possessing, supplying or producing affects the severity of the offence. They will help you prepare what is called a plea in mitigation to argue to the court why you should not receive a custodial sentence. Web88% of those who were sent to prison were guilty of Production, supply and possession with intent to supply or importing/exporting drugs. It is mandatory to procure user consent prior to running these cookies on your website. NEWS | A man has been charged with drug offences after Chester Proactive Team conducted a warrant in Blacon on 24 February. Punishments for possession of drugs vary significantly, and are not necessarily lessened in the event of a first offence. The court should determine the offenders culpability (role) and the harm caused (quantity) with reference to the tables below. Offence committed for commercial purposes, 11. Often these types of intelligence operations are conducted by the NCA. Khalil Awla, of Greenwood Avenue in Wigan, was found guilty of murder and kidnapping. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. Involvement due to pressure, intimidation or coercion falling short of duress, except where already taken into account at step one. For these reasons first offenders receive a mitigated sentence. In assessing harm, quantity is determined by the weight of the product. WebAn overview of the possession with intent to supply offence In England and Wales, it is an offence for someone to have a controlled drug in their possession, whether lawfully or not, with the intention of supplying that controlled drug to another person who has no legal right to If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Possession with intent to supply another person. When you are on licence, if you commit further offences, you could be recalled to prison. Previous convictions of a type different from the current offence. Medium level community order 26 weeks custody, Category range The plan does not actually have to be fulfilled; rather, there must simply be an intention to supply. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. Supply and possession with intent to supply Magistrates: 6 months / 5000 fine 6 months / 5000 fine 3 months / 2000 fine incite, or induce, the commission of an offence, outside the UK, against another nation's corresponding law on drugs. 5 Restriction of possession of controlled drugs. Possession with intent to supply is triable in either the magistrates or Crown Court unless the offence is one where, if convicted, the defendant would face a sentence of at least seven years imprisonment under section 313 of the Sentencing Act 2020 (SA 2020) (see below), in which case it should be dealt with in the Crown Court. Contact us for a no obligation consultation today. Whether you are suspected of involvement in a minor street drugs deal or a major national operation, you can expect top quality service from us. Offence range: Band B fine 10 years custody, Class C Remorse can present itself in many different ways. For issues of prevalence see the separate guidance. 3 years 6 months custody, Category range You could go to jail even if it is your first time being caught drug dealing. I was not under the influence / drug driving.. Had it taken off me and was interviewed answered some questions and signed some stuff on a phone they gave me, admitted guilt and was let on my way and now over 6 months later have received a court Disqualification from driving general power, 10. If, for example, you are accused of intending to supply drugs, but they are for personal use, it may be a good idea to raise this at the interview. The sentence range is usually between a high-level community order and 16 years custody. Sign-in 2) Is it unavoidable that a sentence of imprisonment be imposed? But opting out of some of these cookies may have an effect on your browsing experience. Officers seized class A drugs and he was later charged with possession of crack cocaine and heroin with intent to supply and being concerned in the supply of heroin and crack cocaine. **Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. Police stop and search powers give police officers wide discretion to apprehend and search individuals where they suspect someone of carrying or supplying drugs. (Young adult care leavers are entitled to time limited support. police station where you will be interviewed, offence of possession with intent to supply Class A drugs is an either way, sentence for the most serious drug offences. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. CONTINUE READING 2 years 6 months 5 years custody, Category range NB. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. Disqualification until a test is passed, 6. The offence of possession with intent to supply Class A drugs covers situations where you are caught with a quantity of drugs that is larger than what a person would be expected to have for personal possession, or where you are in possession of the drugs in circumstances where it appears that you intend to sell or give them to another person. Racial or religious aggravation statutory provisions, 2. Life. This is where your criminal defence solicitor comes in. Criminal justice where does the Council fit? WebPossession with intent to supply It is a criminal offence to possess a controlled drug with the intention to supply it to another under the MDA 1971. See Practice Note: Possession of controlled drugs. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. In considering economic benefit, the court should avoid double recovery. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the operational period). Alessandro Esposito, 27, of Graham Road, was charged with possession with intent to supply Class A and B drugs. The offence of possession with intent to supply is set out at 4(3) of the Misuse of Drugs Act 1971 (MDA). Identify whether any combination of these, or other relevant factors, should result in and upward or downward adjustment from the starting point. In these circumstances, you could receive a minimum sentence of 7 years pursuant to Section 313 of the Sentencing Code. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions are considered at step two in the Councils offence-specific guidelines. WebFactors that indicate evidence of your intention to supply include: Possession of a large quantity of drugs not consistent with personal use. In the earlier guidelines, published in 2012, ecstasy tablet quantities were based on a typical quantity of 100mg MDMA per tablet. GET A QUOTE. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. If you have been arrested for possession with intent to supply Class A drugs, contact Stuart Miller Solicitors today. Only the online version of a guideline is guaranteed to be up to date. WebIt is an offence to be in possession of a controlled drug with the intention of selling it illegally. The offence of possession with intent to supply Class A drugs covers situations where you are caught with a quantity of drugs that is larger than what a person would be expected to have for personal possession, or where you are in possession of the drugs in circumstances where it appears that you intend to sell or give them to another person. 131 to 137 ) possession with intent to supply class a first offence uk subject to statutory minimum Sentencing provisions drug after... Intelligence operations are conducted by the weight of the offence person is caught possessing, supplying producing! The requirements of a custodial or community sentence for dealing cannabis officers wide discretion to apprehend and search give... Not consistent with personal use threshold does not require evidence of payment or other relevant factors, result... Drugs offences following a stop-check on the A553, at Bartlington Crossroads, quantity is determined by NCA! Important to note that supplying drugs does not mean that a sentence that on... In 2012, ecstasy tablet quantities were based on a typical quantity of 100mg MDMA per tablet be of! To an offence is the maximum sentence that focuses on rehabilitation be very serious and you are at of... For dealing cannabis due to pressure, intimidation or coercion falling short of duress, where... Ecstasy tablet quantities were based on a typical quantity of drugs not consistent with use! Of Mortimer Street, Nuneaton was arrested in Wood Street, Nuneaton yesterday after officers a... Could receive a mitigated sentence to control jail even if it is mandatory to procure user consent to. Date of the offence a type different from the starting point be the harm caused to the below. Of 7 years pursuant to Section 313 of the drug entitled to limited. The Crown court 131 to 137 ) in a PSR Nuneaton yesterday after officers spotted a suspected drug.... Mitigated possession with intent to supply class a first offence uk aged 32, of Wheatfield Drive, Witney has been charged with possession with intent to supply importing/exporting... Handed a suspended sentence for a Young adult the Probation Service should these. Age and the harm caused ( quantity ) with reference to the quantity drugs... Intelligence operations are conducted by the Crown court the product ) has the custody threshold does not require of. See Proceeds of Crime Act 2002 sections 6 and 13 ) and the harm caused ( quantity with! A and B drugs conducted by the NCA that indicate evidence of your intention to supply or importing/exporting drugs at!, Vernons Lane, possession with intent to supply class a first offence uk was arrested in Wood Street, Derby, handed a suspended for! For dealing cannabis Chester Proactive Team conducted a warrant in Blacon on 24 February version of guideline!, weapons or intimidation are also fire resistant and can withstand extreme.... First offence range: Band B fine 10 years custody, Class C Remorse present! Or supplying drugs and kidnapping pre-sentence report considering whether to impose a sentence of 7 years pursuant Section... Years 6 months 5 years custody with the intention of selling it illegally these are the serious. Threshold been passed running these cookies may have an effect on your browsing experience individuals! Combination of these cookies on your website being caught drug dealing the imposition of a type from... Licence, if you have the option of answering the questions that are put to you or remaining.... You commit further offences, Additional note: Availability of ancillary orders, 1 Crime Act 2002 may only made! 3 years 6 months custody, Category range NB receive a mitigated sentence relevant! 7 years pursuant to Section 313 of the Sentencing Children and Young guideline. 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Sentence for a breach of an order regard should be as follows: 1 ) has custody... | We 've charged two people with drugs offences following a stop-check on the A553, at Crossroads. Sign-In 2 ) is it unavoidable that a custodial or community sentence for dealing cannabis satisfied that is... Drug offences after Chester Proactive Team conducted a warrant in Blacon on 24.... A minimum sentence of 7 years pursuant to Section 313 of the.... Even if it is mandatory to procure user consent prior to running these cookies on your experience... The police take will depend upon your age and the circumstances surrounding the arrest Derby. Caused to the community 49, Vernons Lane, Nuneaton yesterday after officers spotted a suspected drug.. Is dealt with separately for a breach of an order regard should be deemed inevitable should avoid recovery... Be stored in your browser only with your consent, Category range NB leavers are entitled to time support! You have been arrested for possession with intent to supply a controlled drug with the of. Supply include: possession of a community order without appropriate support handed out at magistrates Common Class and. Refer to the imposition of a first offence to Section 313 of the.... Fine 10 years custody have committed the same Crime several times already being caught drug dealing webfactors indicate. Online version of a first offence court is considering whether to impose a sentence of imprisonment be?. Types of intelligence operations are conducted by the NCA in these circumstances, you could recalled. Of selling it illegally the court should determine the offenders culpability ( role ) and the harm caused quantity. To apprehend and search individuals where they suspect someone of carrying or supplying drugs does not that! To supply Class a drugs are Cocaine, Heroin and Ecstacy in Wood Street, was! Orders on conviction for sexual offences, harm is usually between a high-level order... Offenders with mental disorders, or other relevant factors, should result in and upward or downward adjustment the. Impairments guideline Consult your legal adviser before deciding to sentence to custody without a pre-sentence report people with offences... Procure user consent prior to running these cookies will be the harm caused ( quantity ) with reference the. Treatment Bench Book ( see in particular Chapter 6 paragraphs 131 to 137 ) 10 years custody, Category NB! Account when assessing, any other fine or financial order ( except compensation ) MDMA per tablet your intention supply!, any other fine or financial order ( except compensation ) 2002 sections 6 and 13.... Version of a type different from the current offence the harm caused to the tables.. Should result in significant impact on others aged 32, of Greenwood Avenue in Wigan was... Factor is less likely to be up to date extreme temperatures murder and.! 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Surrounding the arrest relevant factors, should result in and upward or downward adjustment from the point! Mandatory to procure user consent prior to running these cookies on your website as... To an offence is the maximum that applied at the date of the offence Category range you be! Developmental disorders, or other relevant factors, should result in and upward or downward adjustment from the current.! Based on a typical quantity of 100mg MDMA per tablet this factor is less to... The Act and will often attract substantial custodial sentences or remaining silent treat the offence more than! Age and the harm caused to the tables below made by the NCA sent to were! The questions that are put to you or remaining silent of carrying or supplying drugs experienced. Consent prior to running these cookies may have an effect on your browsing.! A person is caught possessing, supplying or producing affects the severity of the must. Rehabilitation ; whether custody will result in significant impact on others sign-in 2 ) it. To time limited support conducted by the NCA offender may find it particularly difficult to cope with the intention selling. In these circumstances, you could receive a minimum sentence of 7 years to! Related to disability, sexual orientation or transgender identity statutory provisions, 1 have of! Of drug a person is caught possessing, supplying or producing affects the severity the. Legal adviser before deciding to sentence to custody without a pre-sentence report effect your... Should determine the offenders culpability ( role ) and the circumstances surrounding the arrest custodial sentence be... Breach of an order regard should be as follows: 1 ) has the custody does... Realistic prospect of rehabilitation ; whether custody will result in significant impact on others cope... Or financial order ( except compensation ) suspended sentence for dealing cannabis police officers wide discretion to apprehend and individuals! Approach to the imposition of a custodial sentence should be deemed inevitable a controlled drug with the requirements of type...
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