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Law and Practice on Sentencing the Drug Offender

NCJ Number
76209
Journal
NEW LAW JOURNAL Volume: 129 Dated: (September 13, 1979) Pages: 899-902
Author(s)
A Samuels
Date Published
1979
Length
4 pages
Annotation
The theory and practice of sentencing drug offenders in Great Britain are discussed.
Abstract
Sentences which may be imposed by magistrate courts include deferment, discharge, fine, probation, therapy, prison, suspension, and several others. Such sentences as conditional discharge and probation presuppose self-discipline and response to deterrent, which are unlikely; not all offenders are suited to therapeutic placement. For these reasons, fines are normally imposed for users or small-scale traffickers. Imprisonment becomes necessary for persistent cannabis users. The sequence of sentences is likely to be a conditional discharge for the first court appearance, a medium fine for the second court appearance, a stiff fine for the third appearance, a suspended sentence and fine for the fourth appearance, and immediate imprisonment for the fifth appearance. The background of the offender should be thoroughly investigated, and the presence or absence of involvement of the offender in activities related to drug sales must be considered. Serious cases of hard drug use which may entail severe sentences are usually taken to Crown Court. A number of factors, (e.g., the nature of the drugs involved, extent of dealing activities, police records, and possibilities for successful therapy) are relevant to sentencing choices. Evidence of drug trafficking should not be admitted after conviction unless the witness can speak from first hand knowledge. Recent appellate decisions sharply distinguish between simple users and suppliers; and the importer, the wholesaler, the middleman, and the small-scale supplier are treated with descending levels of severity. The amount of drugs involved and assistance to authorities after detection are factors considered in determining length of prison sentences. Aliens are likely to be deported after serving normal prison sentences for drug offenses. Disparity of sentence is avoided so far as possible. The court may order anything shown to the satisfaction of the court to relate to the offense to be forfeited. Although the internationally admired British system of addict registration stabilizes hard-drug users, users of soft drugs may progress to hard drugs. A bibliography and a table are supplied.

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