Thursday, 19 February 2015

Sentencing Guidelines for Possession of Cannabis with Intent to Supply a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught in possession of cannabis and are summoned to appear in a UK Court.


Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale.

The category of harm for Cannabis

Category 1 - 200kg Cannabis
Category 2 - 40kg Cannabis
Category 3 - 6kg Cannabis
Category 4 - 100 grams Cannabis

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs 

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs 

Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs

Category 2 

Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5 yrs

Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs

Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs

Lesser role: Starting Point: Community Service Range Community Service – 26w

Category 4 

Leading role: Starting Point: 18m Category Range: 26w-3 yrs  
Significant role: Starting Point: Community Service Range: Community Service – 26w

Lesser role: Starting Point: Community Service Category Range: Fine - Community Service

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, use of under age 18 people in your operation, crime committed within the vicinity of a school, offense committed on bail, attempts to conceal or dispose of evidence, presence of minors, presence of weapons, high purity, failure to comply with current court orders and community impact will all be looked at so try to make sure as little of these apply as possible.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

Consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders

 

6 comments:

  1. I got caught with a kilogram of cheese with scales and about £500 in cash. They picked me up int the street with an ounce and raided my house while i was in the cell.

    What do you think the sentence will be for 1000 grams of bud on a first offense?

    ReplyDelete
  2. About a year ago I was on community service with a girl who got caught with 3 kilograms of bud. She got the maximum 300 hours community service, probation and a think first program.

    Can't say everyone would get off on that but so long as its a first offense and you plead a good case you should be okay.

    Depends on many factors including the judge on the day.

    ReplyDelete
  3. I was caught a few years back coming back from Spain with 6 kilo's of skunk. They gave me 12 months and I was out in 5 months.

    Learnt my lesson to. 5 months don't sound like a long time but I would not want to go back there again.

    Was horrible..!!

    ReplyDelete
  4. Wouldn't like to spend any time in there at all..:-)

    Its always best to stay within your limits.

    If you can't handle the time, don't do the crime..

    Oldest saying in the book..

    ReplyDelete
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    ReplyDelete

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