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Being in charge of a motor vehicle with a specified drug above the specified limit

s.5A Road Traffic Act 1988 · Magistrates

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Sentencing framework

The guideline for this offence outlines that sentencing takes into account both culpability and harm to determine the appropriate category. It sets out aggravating and mitigating factors which can influence the final sentence, allowing for adjustments based on the offender’s characteristics and circumstances.

Maximum sentence

Level 4 fine

Court

Magistrates

Starting point

Band B fine

Offence range

Band B fine – 12 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Failure to comply with current court orders
  • ·Offence committed on licence or while subject to court order(s)

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Genuine misunderstanding about safe dosage of prescribed medication
  • ·Drugs consumed unknowingly
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

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 for assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Totality principle
  6. Step 6 — Compensation and ancillary orders
  7. Step 7 — Reasons
  8. Step 8 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • A fine must not exceed the statutory limit (maximum: Level 4 fine) and could lead to disqualification or points.

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.