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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 structures the sentencing by categorizing offences into three levels based on culpability and harm. The starting point for sentences varies accordingly, with community orders and fines being primary considerations. The court must also consider any aggravating and mitigating factors to adjust the sentence appropriately within the defined range.

Maximum sentence

Level 4 fine and/or 3 months

Court

Magistrates

Starting point

Band B fine

Offence range

Band B fine – 12 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Failure to comply with current court orders
  • ·Offence committed on licence or post sentence supervision

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Genuine misunderstanding about safe dosage of prescribed medication
  • ·Remorse
  • ·Good character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives

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 – Determine the offence category based on culpability and harm factors.
  2. Step 2 – Use the starting point and category range from the sentencing table.
  3. Step 3 – Consider any factors that indicate a reduction for assistance to the prosecution.
  4. Step 4 – Account for any potential reduction for a guilty plea.
  5. Step 5 – Apply the totality principle if sentencing for more than one offence.
  6. Step 6 – Consider compensation and ancillary orders as appropriate.
  7. Step 7 – State reasons for the imposed sentence.
  8. Step 8 – Consider credit for time spent on bail.

Guideline notes

  • This is a draft guideline for consultation only. The court should ensure that any financial penalty reflects the seriousness of the offence and the offender's financial circumstances.

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.