Search Legislation

Psychoactive Substances Act 2016

Status:

This is the original version (as it was originally enacted).

6Aggravation of offence under section 5

This section has no associated Explanatory Notes

(1)This section applies if—

(a)a court 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—

    (a)

    in England and Wales, as in section 4 of the Education Act 1996;

    (b)

    in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;

    (c)

    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)

    a prison;

    (b)

    a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;

    (c)

    a removal centre, a short-term holding facility or pre-departure accommodation;

    (d)

    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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources