Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE A1 Offences where terrorist connection not required to be considered

SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021
where terrorist connection to be considered

SCHEDULE 2 Order for conditional discharge: commission of further offence

SCHEDULE 3 Youth offender contract: programme of behaviour

SCHEDULE 4 Referral order: further court proceedings

SCHEDULE 5 Breach, revocation and amendment of reparation order

SCHEDULE 6 Youth rehabilitation orders: requirements

SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order

SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 9 Community orders and suspended sentence orders: requirements

SCHEDULE 10 Breach, revocation or amendment of community order

SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

SCHEDULE 13 Special sentence for offenders of particular concern: offences

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

SCHEDULE 15 Life sentence for second offence: listed offences

SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction

SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland

SCHEDULE 17A Serious terrorism offences

SCHEDULE 18 Specified offences for purposes of section 306

SCHEDULE 19 Schedule 19 offences

SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences

SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

SCHEDULE 23 Powers to amend the Sentencing Code

SCHEDULE 24 Consequential amendments

SCHEDULE 25 Amendments to the Armed Forces Act 2006

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

SCHEDULE 27 Transitional provisions and savings

SCHEDULE 28 Repeals and revocations

SCHEDULE 29 Repeals and revocations for England and Wales

Changes to legislation:

Sentencing Act 2020, Section 71 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court’s discretion

CHAPTER 3Seriousness and determining sentence

Aggravating factors

71Supply of controlled drug near school premises or involving child

(1)

This section applies where—

(a)

a court is considering the seriousness of an offence under section 4(3) of the Misuse of Drugs Act 1971 (supplying controlled drug etc), and

(b)

the offender was aged 18 or over when the offence was committed.

(2)

If condition A or B is met, the court—

(a)

must treat the fact that the condition is met as an aggravating factor, 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)—

“relevant time”, in relation to school premises, 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;

“school” has the same meaning as it has in section 4A of the Misuse of Drugs Act 1971;

“school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school.

(5)

Condition B is that in connection with the commission of the offence the offender used a courier who, when the offence was committed, was aged under 18.

(6)

For the purposes of subsection (5), a person uses a courier in connection with an offence under section 4(3) of the Misuse of Drugs Act 1971 if the person causes or permits another person (“the courier”)—

(a)

to deliver a controlled drug to a third person, or

(b)

to deliver a drug-related consideration to the person or a third person.

(7)

For the purposes of subsection (6), a drug-related consideration is a consideration of any description which—

(a)

is obtained in connection with the supply of a controlled drug, or

(b)

is intended to be used in connection with obtaining a controlled drug.

(8)

In this section, “controlled drug” and “supply” have the same meanings as in the Misuse of Drugs Act 1971.