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Thread: Current UK 'Definitive' Drug Sentencing Guidelines

  1. #1

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    Exclamation Current UK 'Definitive' Drug Sentencing Guidelines

    Plant numbers, sentencing, the laws regarding Cannabis in the UK.......

    This is a subject that frequently comes up every now and again on the forum.

    It appears that the sentencing guideline has been been issued and came into force on 27 February 2012.

    Please, please, please read them!

    The Sentencing Council Web Site

    The juicy bit : Sentencing Council Final Definitive Guideline (PDF)
    Last edited by Goodbuddy; 28-01-14 at 04:25 PM.

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  3. #2

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    nice one

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    I do now.......

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    I like where it says "assumed yield of 40g per plant". Obviously havent seen some of the grows on here lol.
    "Truth is, everybody is going to hurt you; you just gotta find the one's worth suffering for." - Bob Marley

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    I got more than that from an auto under a 90W LED.

  10. #6

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    Great information mate, thanks.

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    Thanks for this info, invaluable for us paranoid types, so number of plants isnt really important as the 40g a plant base line is an odd one, they must of used bloody small plants for the sample study. max g you can have is 360g to be cat4.

    Happy days don't think i will need to go above 12.7oz's.

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    STEP ONE
    Determining the offence category


    The court should determine the offender’s culpability (role) and the harm caused (output or potential output) with reference to the tables below.

    In assessing culpability, the sentencer should weigh up all of the factors of the case to determine role. Where there are characteristics present which fall under different role categories, the court should balance these characteristics to reach a fair assessment of the offender’s culpability.
    In assessing harm, output or potential output is determined by the weight of the product or number of plants/scale of operation. For production offences, purity is not taken into account at step 1 but is dealt with at step 2.

    Where the operation is on the most serious and commercial scale, involving a quantity of drugs significantly higher than category 1, sentences of 20 years and above may be appropriate, depending on the role of the offender.



    STEP TWO
    Starting point and category range


    Having determined the category, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions. The court should then consider further adjustment within the category range for aggravating or mitigating features, set out on page 21. In cases where the offender is regarded as being at the very top of the ‘leading’ role it may be justifiable for the court to depart from the guideline.
    Where the defendant is dependent on or has a propensity to misuse drugs and there is sufficient prospect of success, a community order with a drug rehabilitation requirement under section 209 of the Criminal Justice Act 2003 can be a proper alternative to a short or moderate length custodial sentence.



    The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. In some cases, having considered these factors, it may be appropriate to move outside the identified category range.

    Where appropriate, consider the custody threshold as follows:
    • has the custody threshold been passed?
    • if so, is it unavoidable that a custodial sentence be imposed?
    • if so, can that sentence be suspended?

    Where appropriate, the court should also consider the community threshold as follows:
    • has the community threshold been passed?



    STEP THREE
    Consider any factors which indicate a reduction, such as assistance to the prosecution

    The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (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.

    STEP FOUR
    Reduction for guilty pleas

    The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the Guilty Plea guideline.
    For class A offences, where a minimum mandatory sentence is imposed under section 110 Powers of Criminal Courts (Sentencing) Act, the discount for an early guilty plea must not exceed 20 per cent.

    STEP FIVE
    Totality principle

    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.

    STEP SIX
    Confiscation and ancillary orders

    In all cases, the court is required to consider confiscation where the Crown invokes the process or where the court considers it appropriate. It should also consider whether to make ancillary orders.

    STEP SEVEN
    Reasons

    Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.

    STEP EIGHT
    Consideration for remand time

    Sentencers should take into consideration any remand time served in relation to the final sentence at this final step. The court should consider whether to give credit for time spent on remand in custody or on bail in accordance with sections 240 and 240A of the Criminal Justice Act 2003.
    Last edited by Goodbuddy; 02-03-14 at 03:59 PM.

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  14. #9
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    Mate of mine came back from court today, got caught with 7 plants in an i.w.s setup with a 600w hps

    Walked with probation for 12months and court costs. Apparently now they use 'experts' to assess the yield capabilities of a grow and they estimated he'd yield an oz a plant so that expert is pretty much clueless.

    Anyway, they go by lights and how sophisticated the setup is. I'm dropping to 3 plants using 2 lights to minimise punishment should the dreaded knock at the door ever happen.

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    Lol priceless

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    Quote Originally Posted by Notorious WD View Post
    Mate of mine came back from court today, got caught with 7 plants in an i.w.s setup with a 600w hps

    Walked with probation for 12months and court costs. Apparently now they use 'experts' to assess the yield capabilities of a grow and they estimated he'd yield an oz a plant so that expert is pretty much clueless.

    Anyway, they go by lights and how sophisticated the setup is. I'm dropping to 3 plants using 2 lights to minimise punishment should the dreaded knock at the door ever happen.
    Any idea what got him caught?

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    4 plants 2 lights for me sometimes just 1 plant

    sig by ganjaholic


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  20. #14

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    Is this still relevant and correct in 2017?

    Sent from my Pixel XL using Tapatalk

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    Quote Originally Posted by yourstandardnovicegrower View Post
    Is this still relevant and correct in 2017?
    It seems to be?...
    "If you've got nothing to hide, you've got nothing to fear"

    (Joseph Goebbels)

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