Crime Solicitors

When an individual is charged with a drug-related offence, such as possession, supply, or importation, the court follows a structured process to determine the appropriate sentence. The sentencing process takes into account the severity of the crime, mitigating and aggravating factors, and any previous criminal history.

1. Determining the Offence Category

The first step in the sentencing process is for the court to categorise the offence. Drug-related crimes are divided into two main categories: Class A and Class B. Class A drugs (such as heroin, cocaine, and ecstasy) are generally considered the most dangerous and carry the harshest penalties. Class B drugs (such as cannabis, ketamine, and amphetamines) are deemed less harmful, but serious offences involving these drugs can still result in significant sentences.

2. Starting Point and Category Range

Once the offence category is determined, the court will apply a starting point for the sentence. This starting point is a general guideline based on the nature of the offence. Factors such as the quantity of drugs involved, the defendant's role in the offence (e.g., low-level possession versus involvement in large-scale supply), and whether the offence is part of a larger criminal network can lead to an upward adjustment of the starting point. For example, a high quantity of Class A drugs could result in a more severe sentence than a similar offence involving Class B drugs.

3. Mitigating or Aggravating Factors

The court will then consider mitigating factors that could reduce the sentence, as well as aggravating factors that could increase it. Mitigating factors might include:

• The offender’s level of cooperation with authorities
• Personal circumstances (such as mental health issues or family responsibilities)
• The defendant's remorse or willingness to seek rehabilitation.

Aggravating factors could include:

• Previous criminal convictions
• The involvement in a major drug trafficking operation
• The supply of drugs to vulnerable individuals, such as minors.

4. Reduction for Guilty Pleas

If the defendant pleads guilty, they may receive a sentence reduction in line with the Reduction in Sentence for a Guilty Plea guidelines. The extent of this reduction depends on how early the plea is entered, the defendant’s level of cooperation, and other factors. A guilty plea can result in a significant reduction in sentence, reflecting the offender's acceptance of responsibility for the crime.

5. Totality Principle

When sentencing an individual for multiple offences, the court must ensure the sentence is proportionate to the overall criminal behaviour. This principle is known as the totality principle. The court will consider whether the total sentence is just, taking into account the number of offences committed and their severity. This principle ensures that the defendant is not excessively punished for multiple offences.

6. Ancillary Orders

In some cases, the court may impose ancillary orders in addition to the main sentence. These can include confiscation orders (to seize any financial gain from drug-related crime), compensation orders (requiring the defendant to compensate victims) and driving bans (if the offence involved driving under the influence of drugs). These orders are made to address the broader impact of the offence and its consequences.

7. Reasons for the Sentence

Finally, the court must provide reasons for the sentence imposed. This is to ensure transparency in the judicial process and allow the defendant, as well as the public, to understand the reasoning behind the decision. The judge will outline the factors that influenced the sentence, including the severity of the crime, any mitigating or aggravating circumstances, and any legal precedents that apply.

The Importance of Legal Representation

Drug offences carry serious consequences and can result in lengthy prison sentences. Given the complexity of the sentencing process, it is crucial for anyone facing such charges to seek expert legal representation. A skilled criminal solicitor can provide invaluable assistance throughout the legal process, ensuring the defendant's rights are protected and presenting mitigating factors that may reduce the sentence.

At Duncan Lewis, our team of experienced criminal solicitors has a strong track record in defending drug-related charges. We offer comprehensive legal services, from advising on bail options to gathering evidence for the defence and presenting arguments for a reduced sentence. Our goal is to secure the best possible outcome for our clients by navigating the complex sentencing process effectively.

If you or a loved one is facing drug-related charges, it is vital to contact our team as soon as possible via telephone at 033 3772 0409.

About the Author

Paul Bryning is an experienced barrister and consultant with 20 years of legal practice. With a deep understanding of the intricacies of law and the functioning of the legal system, his experience includes handling a diverse range of complex cases, ranging from the complexities of the Proceeds of Crime Act to Motoring Offences. Paul’s deep knowledge of criminal law has enabled him to not only achieve success within the defence sector but to also prosecute on behalf of the DVLA and DVSA and appear in a number of Military Courts in Europe.

Contact him via email at PaulBr@Duncanlewis.com

Duncan Lewis Solicitors

The Duncan Lewis Crime & Fraud Department, recommended by The Legal 500 and ranked as a ‘top-ranked’ criminal practice in the independent legal directory Chambers & Partners UK, is renowned for its well-prepared, high-quality work and the ability to assemble first-rate evidence and documentation. We regularly represent our clients at police stations, magistrates’ courts, crown courts, and at appeal courts such as the Court of Appeal. Our clients know they can rely on a prompt and effective service.