Section 6 Aggravation of offence under section 5I1C1

F2Subsections (2) to (10) apply if—

If condition A, B or C is met the court—

Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.

For the purposes of subsection (3) a “relevant time” is—

In this section—

• “school premises” means land used for the purposes of a school, other than any land occupied solely as a dwelling by a person employed at the school;

• “school” has the same meaning—

  1. (a)

     in England and Wales, as in section 4 of the Education Act 1996;

  2. (b)

     in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;

  3. (c)

     in Northern Ireland, as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).

Condition B is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.

For the purposes of subsection (6) a person (“P”) uses a courier in connection with an offence under section 5 if P causes or permits another person (the courier)—

A drug-related consideration is a consideration of any description which—

Condition C is that the offence was committed in a custodial institution.

In this section—

• “custodial institution” means any of the following—

  1. (a)

     a prison;

  2. (b)

     a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;

  3. (c)

     a removal centre, a short-term holding facility or pre-departure accommodation;

  4. (d)

     service custody premises;

• “removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;

• “service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.

For the requirement for a court in England and Wales considering the seriousness of an offence under section 5 to treat certain matters as aggravating factors, see section 72 of the Sentencing Code.