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Administering a substance with intent

s.61 Sexual Offences Act 2003 · Triable either way

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Sentencing framework

The guideline outlines a framework for sentencing that categorizes the severity of the offence based on harm and culpability. Offenders are sentenced according to their category, with specific starting points and ranges that inform the court's decision on the appropriate length of custody.

Maximum sentence

10 years’ custody

Court

Triable either way

Starting point

4 years’ custody

Offence range

1 – 9 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Where the victim or intended victim was under the age of 18
  • ·Offence facilitated by grooming a person under the age of 18

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Demonstration of steps taken to address offending behaviour

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 - Determining the offence category
  2. Step 2 - Starting point and category range
  3. Step 3 - Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 - Reduction for guilty pleas
  5. Step 5 - Dangerousness
  6. Step 6 - Totality principle
  7. Step 7 - Ancillary orders
  8. Step 8 - Reasons
  9. Step 9 - Consideration for time spent on bail (tagged curfew)

Guideline notes

  • The maximum sentence is up to 10 years’ custody, with an offence range of 1 – 9 years’ custody. Guidelines must be followed unless the court believes it would be against the interests of justice.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.