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Permitting premises to be used

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

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Sentencing framework

This guideline structures sentencing for permitting premises to be used for drug activity by first determining the offence category based on culpability and harm. It calculates a starting point sentence and a range based on the class of drug involved and the circumstances of the case, considering statutory aggravating and mitigating factors to adjust the sentence appropriately.

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
  • ·Offence motivated by, or demonstrating hostility based on any of the following characteristics of the victim: disability, sexual orientation or gender identity
  • ·Premises adapted to facilitate drug activity
  • ·Location of premises, for example proximity to school
  • ·Attempts to conceal or dispose of evidence, where not charged separately
  • ·Presence of others, especially children and/or non-users
  • ·Presence of weapons, where not charged separately
  • ·Failure to comply with current court orders
  • ·Other offences taken into consideration (TICs)
  • ·Offence committed whilst on licence or subject to post sentence supervision
  • ·Established evidence of community impact

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Good character and/or exemplary conduct
  • ·Involved due to naivety
  • ·Isolated incident
  • ·Low purity
  • ·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 where it affects the responsibility of the offender
  • ·Mental disorder or learning disability, where not linked to the commission of the offence
  • ·Sole or primary carer for dependent relative(s)

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 — Minimum Terms
  4. Step 4 — Consider any factors which indicate a reduction
  5. Step 5 — Reduction for guilty pleas
  6. Step 6 — Totality principle
  7. Step 7 — Confiscation and ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail

Guideline notes

  • This offence is subject to statutory minimum sentencing provisions.

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.