Guidance sought as as market for drugs changes

NEW TYPES of synthetic drugs including strong opioids such as fentanyl and carfentanil and a continued rise in “county lines” dealing have pushed for a revision of existing sentencing guidelines for judges and magistrates.

The Sentencing Council has published its findings as part of a 12-week consultation which runs until April 7, citing a number of changes to the illegal drugs market.

Since 2012, there have been new drugs coming onto the market, including in particular new types of synthetic cannabinoids and strong opioids such as fentanyl and carfentanil.

There have also been changes in the way in which drugs offences are committed. This includes the continued rise in “county lines” dealing in which criminal gangs receive orders for drugs using dedicated phone lines and transport those drugs from city hubs to smaller towns and rural areas. Such offending is often accompanied by increased violence and exploitation of children and vulnerable adults.

The other significant change is the use of the internet to enable these offences, including using the so-called “dark web” to sell drugs, which can be delivered by mail.

Lord Justice Holroyde, chairman of the Sentencing Council, said: “The nature of offending is changing and we are seeing more vulnerable people including children being exploited either through grooming or coercion.

“The proposed guidelines will provide guidance for courts and clear information for victims, witnesses and the public on how drugs offenders are sentenced.”

The council is also considering adding new factors when sentencing criminals who

play a leading role in drugs offences.

A spokesman said: “These factors relate to the systematic exploitation of young and vulnerable people, and to the practice known as ‘cuckooing’: occupying the home of a vulnerable individual to use as a base for selling drugs.

“In importation cases, there is a similar type of factor in which the offender has used a vehicle belonging to an otherwise innocent third party to transport drugs. The council regards these factors as very serious aspects of offending, so has decided to place these in the ‘leading role’ category, but is seeking views on how these factors might work in practice.”

Drugs offences are high volume offences in criminal courts. In 2018 there were around 31,900 adult offenders sentenced for offences under the Misuse of Drugs Act and the Psychoactive Substances Act.