3 ms·
You've misread the legislation. The maximum sentences you're referring to are for summary convictions at a magistrates court. Possession of a controlled substan
by jdietrich 8y ago
You've misread the legislation. The maximum sentences you're referring to are for summary convictions at a magistrates court. Possession of a controlled substance is an each-way offence which can be tried at either a magistrates or crown court. There is a higher maximum sentence if your offence is tried at a crown court, which is listed in schedule 4, namely "5 years or a fine, or both".
- DanBC 8y agoBut that law has to be read in conjunction with others, which set out when trial is at magistrates or crown court; and what the sentencing guidance is. The courts must follow the sentencing council guidelines unless it's in the public interest not to do so. https://www.sentencingcouncil.org.uk/wp-content/uploads/Drug_Offences_Definitive_Guideline_final_web1.pdf https://www.sentencingcouncil.org.uk/wp-content/uploads/Drug... The starting point is 100% of weekly income; the range is 75% to 125% of weekly income. > Band B 100% of relevant weekly income 75–125% of relevant weekly income
- merinowool 8y agoJudges don't have to adhere to guidelines as these are only guidelines. I have seen couple of cases where people were punished severely for something rather minor. Only thing you can do is to complaint about the judging.
- DanBC 8y agoEnglish judges do have to adhere to the sentencing council guidelines. https://www.sentencingcouncil.org.uk/about-us/ https://www.sentencingcouncil.org.uk/about-us/ > The primary role of the Council is to issue guidelines on sentencing which the courts must follow unless it is in the interests of justice not to do so. > The Sentencing Council is an independent, non-departmental public body of the Ministry of Justice and replaced the Sentencing Guidelines Council and the Sentencing Advisory Panel in April 2010.