Psychoactive Substances Act 2016
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Change 1
6 Aggravation of offence under section 5
(1) Subsections (2) to (10) apply if— (a) a court 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. (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— in England and Wales, as in section 4 of the Education Act 1996; in Scotland, as in section 135(1) of the Education (Scotland) Act 1980; 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— a prison; a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre; a removal centre, a short-term holding facility or pre-departure accommodation; 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. (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.
6 Aggravation of offence under section 5
(1) Subsections (2) to (10) apply if— (a) a court 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. (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— in England and Wales, as in section 4 of the Education Act 1996; in Scotland, as in section 135(1) of the Education (Scotland) Act 1980; 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— a prison; a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre; a removal centre, a short-term holding facility or pre-departure accommodation; 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. (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.
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