Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will amend the Misuse of Drugs Act 1971 to ensure that in instances where serious injury or death results from the distribution of illegal substances, the distribution itself is made an offence directly linked to the injury or death.

The Government has no plans to amend the Misuse of Drugs Act 1971 (“the 1971 Act”) in this way. The maximum sentences for unlawful supply of controlled drugs under the 1971 Act are life imprisonment, a fine or both for Class A drugs, and 14 years’ imprisonment, a fine or both for Class B and C drugs. The classification of drugs under the 1971 Act is broadly based on harm, so longer sentences are available for those drugs considered the most harmful.

When considering the appropriate sentence for a person who has been convicted for supply offences under the 1971 Act, in addition to any statutory aggravating factors, judges may consider a range of factors. In England and Wales these are set out in sentencing guidelines issued by the Sentencing Council. These can be found at this link:

https://sentencingcouncil.org.uk/guidelines/supplying-or-offering-to-supply-a-controlled-drug-possession-of-a-controlled-drug-with-intent-to-supply-it-to-another/

Factors increasing the seriousness of an offence, which may result in a longer sentence, include exposing a drug user to the risk of serious harm over and above that expected by the user, exposing those involved in drug dealing to the risk of serious harm and exposing third parties to the risk of serious harm. These factors are not exhaustive and judges may consider other factors, including those raised in victim personal statements.

In Northern Ireland judges rely on caselaw when considering sentencing in the Crown Court. Relevant caselaw can be found here: https://www.judiciaryni.uk/judiciary-decision-types/type/drug-offences-39.