Permitting premises to be used

s.8 Misuse of Drugs Act 1971 · Crown Court, Magistrates

Sentencing framework

The guideline for 'Permitting premises to be used' under the Misuse of Drugs Act 1971 outlines how courts should categorize the offence based on culpability and harm. It establishes a clear framework for sentencing that includes a maximum sentence of 14 years, with starting points and ranges varying by severity and class of the drugs involved. Courts must consider statutory and non-statutory aggravating and mitigating factors to ensure fair and proportionate sentencing.

Maximum sentence

14 years’ custody

Court

Crown Court, Magistrates

Starting point

2 years 6 months’ custody

Offence range

Low level community order – 4 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Premises adapted to facilitate drug activity
·Location of premises, for example proximity to school
·Attempts to conceal or dispose of evidence
·Presence of others, especially children and/or non-users
·Presence of weapons, where not charged separately
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Involved due to naivety
·Isolated incident
·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
·Serious medical conditions requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Mental disorder or learning disability
·Sole or primary carer for dependent relative(s)
·Pregnancy, childbirth and post-natal care
·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

Step 1 – Determining the offence category
Step 2 – Starting point and category range
Step 3 – Minimum terms
Step 4 – Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 5 – Reduction for guilty pleas
Step 6 – Totality principle
Step 7 – Confiscation and ancillary orders
Step 8 – Reasons
Step 9 – Consideration for time spent on bail

Guideline notes

This offence is subject to statutory minimum sentencing provisions. The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.

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.