Offenders who supply drugs to children will face harsher punishment under new sentencing reforms announced on Monday despite a warning that the change could “further criminalise” black people.
The Sentencing Council said judges and magistrates would be told that it they should treat providing drugs to a child as an “aggravating factor” when passing sentence in a move which will increase the likelihood of a longer jail term being imposed.
The decision, which follows a request by the Ministry of Justice for the change to be implemented, comes despite warning from the Criminal Bar Association that it could lead to additional court delays in cases where time was needed to establish the age of those being supplied with drugs.
The Sentencing Council said another who had written to oppose the reform “ did so on the basis that it would further discriminate against black people”, while others had expressed fears that it could affect children pressed into selling drugs by “county lines” drug gangs.
It said this concern was misplaced because the reform will only apply to adult offenders and that it had decided to proceed in making the supply of drugs to children an aggravating factor for judges and magistrates to consider when imposing punishments.
The change reflects continuing concern about the impact of illegal substances such as cannabis and cocaine on people’s health and grooming of children into drug use.
Sentencing rules governing supply of drugs offences already include a number of other aggravating factors which can lead to longer prison terms.
They include when an adult “supplies or offers to supply a drug on, or in the vicinity of, school premises” during a school day or between one hour before and one hour after.
Another aggravating factor includes “targeting any premises were children or other vulnerable persons are likely to be present” when supplying drugs
