Sentencing for contraventions of the Misuse of Drugs Act statistics: FOI release

Information requested

In the last five years how many people have received the maximum sentence permitted for contraventions of the Misuse of Drugs Act, in relation to possession, possession with intent to supply or being concerned in the supply of Class A drugs in the High court?

Response

Data on prosecutions, convictions and sentences in Scottish criminal courts are published as part of the Criminal Proceedings in Scotland statistical bulletin. Data are published by financial year and the most recent year for which data are available is 2021-22. These statistics count people by main charge. The main charge is the one conferring the most severe penalty.

In the most recent five years for which data are available (2017-18 to 2021-22) no persons were given a main penalty of a custodial sentence in High court where the main charge was possession of a Class A drug. As set out in Schedule 4 of the Misuse of Drugs Act 1971, the maximum penalty for a crime of Supply, possession with intent to supply etc. of a Class A drug is a life sentence. In the same five year span, no persons were given a life sentence in the High court where the main charge was Supply, possession with intent to supply etc. of a Class A drug.

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