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Psychoactive Substances

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This CPS prosecution guidance outlines the legal framework surrounding psychoactive substances under the Psychoactive Substances Act 2016. It details various offences related to the production, supply, and possession with intent to supply psychoactive substances, and emphasizes considerations specific to youth offenders. Additionally, it includes public interest factors, evidential requirements for prosecution, and guidance on penalties and civil sanctions associated with these offences.

Key points

  • The Psychoactive Substances Act 2016 defines psychoactive substance and outlines key offences.
  • Prosecution must prove a substance was psychoactive at the time of the offence.
  • Consideration of youth offenders' circumstances is crucial in prosecution decisions.
  • Public interest is generally served by prosecuting cases involving psychoactive substances near schools or involving minors.
  • Civil sanctions offer an alternative to criminal proceedings for low-level offences.

Public-interest factors

  • Prohibition of NPS sales near schools
  • Use of couriers under 18
  • Involvement of youth offenders requires careful consideration
  • Strong public expectation for police action against NPS retailers
  • Prosecution in custodial institutions usually serves public interest
Producing a psychoactive substanceSupply of a psychoactive substancePossession with intent to supplyImporting or exporting a psychoactive substancePossession of a psychoactive substance in a custodial institutionSupply of psychoactive substances in a custodial institutionConveyance of psychoactive substances into custodial institutionsCivil sanctions for psychoactive substancesFailure to comply with prohibition ordersObstruction of enforcement officers
Read the full guidance on cps.gov.uk
Reviewed by the BlueLineHub Editorial Team
Last reviewed: 9 November 2023 · Next review due: 9 May 2024

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.