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Supplying or offering to supply a controlled drug / Possession of a controlled drug with intent to supply it to another

s.4(3) Misuse of Drugs Act 1971 · Crown Court / Magistrates

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Sentencing framework

The guideline for sentencing in cases of supplying or offering to supply controlled drugs organizes offenders into categories based on their role and the harm caused by their actions. It outlines statutory minimums and maximums ranging from community orders to life imprisonment depending on the class of drug and the severity of the offence.

Maximum sentence

Class A: Life imprisonment, Class B: 14 years’ custody and/or unlimited fine, Class C: 14 years’ custody and/or unlimited fine

Court

Crown Court / Magistrates

Offence range

Class A: High level community order – 16 years’ custody, Class B: Band B fine – 10 years’ custody, Class C: Band A – 8 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Using or permitting a person under 18 to deliver a controlled drug
  • ·Supplying drugs on or in the vicinity of school premises when in use
  • ·Offence committed on bail
  • ·Targeting premises with vulnerable persons
  • ·Exposure to risks of harm in drug-related activity
  • ·Presence of weapons
  • ·High purity
  • ·Failure to comply with current court orders
  • ·Established evidence of community impact
  • ·Deliberate use of sophisticated methods to facilitate the offence

Mitigating factors

  • ·Involvement due to pressure, intimidation or coercion
  • ·Supply only of drug to which offender was addicted
  • ·Mistaken belief regarding drug type
  • ·Isolated incident
  • ·Low purity
  • ·No previous convictions
  • ·Remorse
  • ·Good character
  • ·Determination to address addiction or offending behaviour
  • ·Serious medical conditions requiring urgent treatment
  • ·Age/lack of maturity affecting responsibility
  • ·Mental disorder or learning disability
  • ·Sole carer for dependent relatives
  • ·Vulnerability of the offender was exploited

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
  2. Step 2 - Starting point and category range
  3. Step 3 - Minimum Terms
  4. Step 4 - Consider any factors which indicate a reduction, such as assistance to the prosecution
  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 guideline is a draft for consultation only and must not be used for actual sentencing. Consider any potential statutory minimum sentences.

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.