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make
provision about sentencing for persons guilty of an offence in
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connection with the supply
or an offer to supply Class A drugs; and to |
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establish a commission of
inquiry into the effects and classification of |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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Sentences for supply, etc.,
of Class A drugs |
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1 |
Amendment
of the Misuse of Drugs Act 1971 |
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(1) |
The Misuse
of Drugs Act 1971 (c. 38) is amended as follows. |
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(2) |
In section 25(1) (which
gives effect to Schedule 4 about the punishment of |
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offenders), after the word
“below”, insert the words “and subject to the
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5 |
provisions of sections 25A
and 25B”. |
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(3) |
After section 25 (prosecution
and punishment of offences), insert— |
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“25A |
Prosecution
and punishment of third offence under section 4(3) in |
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relation
to Class A drugs |
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(1) |
This section applies where— |
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(a) |
a person has been charged
with an offence under section 4(3) |
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(supplying
or offering to supply a controlled drug or being |
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concerned
in the doing of either activity by another); |
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(b) |
a Class A drug is involved
in that alleged offence; |
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(c) |
that person has been found
guilty of two previous offences |
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15 |
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(i) |
are under section 4(3),
and |
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(ii) |
involve a Class A drug; |
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(d) |
one of the offences referred
to in paragraph (c) was committed |
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after
that person had been convicted of the other; and |
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20 |
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(e) |
neither
of the convictions for the offences referred to in |
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paragraph
(c) has been overturned on appeal. |
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(2) |
Where this section applies,
an offence to which subsection (1)(a) and (b) |
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applies
shall be triable only on indictment. |
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(3) |
Where this section applies
and a person is convicted of an offence to |
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5 |
which
subsection (1)(a) and (b) applies, the court shall impose a |
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sentence
of imprisonment for term of at least seven years. |
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25B |
Punishment
of offence under section 4(3) in relation to supply of Class |
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A
drugs to minor for profit |
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(1) |
This section applies where— |
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(a) |
a person has been found
guilty of an offence under section 4(3) |
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(supplying
or offering to supply a controlled drug or being |
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concerned
in the doing of either activity by another); |
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(b) |
a Class A drug is involved
in that offence; and |
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(c) |
the court which convicts
him of that offence is satisfied that— |
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(i) |
the person to whom the
drug was supplied or to whom |
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the
drug was offered to be supplied was aged 17 or |
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(ii) |
one or more of the persons
to whom the drug was |
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supplied
or to whom the drug was offered to be |
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supplied
was aged 17 or under, and |
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(iii) |
the offence was committed
with the purpose of |
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(2) |
Where this section applies,
the minimum sentence for the offence |
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referred
to in subsection (1)(a) shall be a custodial sentence. |
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25 |
(3) |
In this section ‘custodial
sentence’ has the meaning given by section 76 |
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of
the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of
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2 |
Amendment
of the Powers of Criminal Courts (Sentencing) Act 2000 |
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(1) |
The Powers
of Criminal Courts (Sentencing) Act 2000 (c. 6) is
amended as |
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30 |
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(2) |
In section 110(1) (circumstances
where person is subject to seven year |
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minimum sentence), omit the
word “and” at the end of paragraph (b) and, after
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paragraph (c), insert “and |
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(d) |
section 25A of the Misuse
of Drugs Act 1971 does not apply.” |
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35 |
The Commission of Inquiry |
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3 |
Commission
of Inquiry: establishment and terms of reference |
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(1) |
There shall be a Commission
of Inquiry into the Effects and Classification of |
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Cannabis (referred to in
this Act as “the Commission”). |
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(2) |
The terms of reference of
the Commission shall be— |
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(a) |
to consider the following
matters— |
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(i) |
the
health effects of the use of cannabis and cannabis resin on |
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(ii) |
other effects of the use
of cannabis and cannabis resin on users, |
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(iii) |
the effects of the use
of cannabis and cannabis resin other than |
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(b) |
to consider the classification
of cannabis and cannabis resin under |
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Schedule 2 to the Misuse
of Drugs Act 1971 (c. 38); |
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(c) |
to make recommendations to
the Secretary of State and others about the |
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things referred to in paragraphs
(a) and (b) and related matters. |
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(3) |
In this section “cannabis”
and “cannabis resin” have the meanings given by |
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section 37(1) of the Misuse
of Drugs Act 1971 (interpretation). |
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4 |
Membership
of the Commission |
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(1) |
The Commission shall consist
of a chairman and eight other members |
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appointed in accordance with
the provisions of this section. |
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(2) |
The chairman and other members
of the Commission shall be appointed in |
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accordance with the terms
of a resolution of each House of Parliament; and any |
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such resolution shall state
the date on which an appointment takes effect. |
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(3) |
A motion for a resolution
under subsection (2) shall be made— |
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(a) |
in the House of Commons, by
the Secretary of State; and |
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20 |
(b) |
in the House of Lords, by
a Minister of the Crown. |
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(4) |
No motion may be made under
this section in the House of Commons unless |
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the Secretary of State has
first consulted the following persons about the terms |
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(a) |
the Leader of the Opposition
in the House of Commons, and |
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25 |
(b) |
the Leader of the second
largest Opposition party in the House of |
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(5) |
If any doubt arises as to
who is or was at any material time one of the persons |
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referred to in subsection
(4)(a) and (b), the question shall be decided for the |
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purposes of this Act by the
Speaker of the House of Commons, and his |
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30 |
decision, certified in writing
under his hand, shall be final and conclusive. |
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5 |
Duration
of appointment of members of the Commission and further |
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(1) |
Subject to the provisions
of this section, a member of the Commission |
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appointed in accordance with
the provisions of section 4
shall hold office until |
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35 |
the work of the Commission
has concluded (or until his death if he dies before |
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(2) |
A member of the Commission
may at any time resign his appointment by |
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notice to the Secretary of
State. |
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(3) |
The Secretary of State may
(subject to the provisions of subsection (4)) at any |
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40 |
time by notice terminate
the appointment of a member of the Commission— |
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(a) |
on the ground that, by reason
of physical or mental illness or for any |
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other reason, the member is
unable to carry out his functions as a |
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member of the Commission;
or |
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(b) |
on
the ground that the member has, since his appointment, been guilty
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of any misconduct that makes
him unsuited to membership of the |
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(4) |
Before acting under subsection
(3), the Secretary of State must consult— |
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(a) |
the persons specified in section
4(4)(a)
and (b), and |
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(b) |
(unless the proposed action
under subsection (3) relates to the chairman |
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of the Commission), the chairman
of the Commission. |
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(5) |
Where a member ceases to
hold office in accordance with the preceding |
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provisions of this section,
a member may be appointed in his place in |
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accordance with the provisions
of section 4. |
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6 |
Powers
of the Commission |
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(1) |
Subject to the provisions
of subsection (2), the conduct of the work of the |
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Commission shall be for the
Commission to determine. |
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(a) |
receive written evidence, |
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(c) |
undertake visits within the
United Kingdom and elsewhere, |
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(e) |
undertake,
or arrange for or support (whether financially or otherwise),
the |
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carrying
out of research or the provision of advice or information relating
to |
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matters
within the Commission’s terms of reference. |
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7 |
Payment
of Commission expenses, etc |
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(1) |
The
Secretary of State may agree to pay to— |
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(a) |
members
of the Commission, |
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(b) |
staff
of the Commission, and |
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25 |
(c) |
any
person engaged to provide assistance with the Commission, |
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such
remuneration and expenses as the Secretary of State may determine. |
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(2) |
The chairman of the Commission
may award reasonable amounts to a |
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(a) |
by way of compensation for
loss of time, or |
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30 |
(b) |
in respect of expenses properly
incurred, |
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in
attending, or otherwise in relation to, the Commission. |
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(3) |
The
Secretary of State must pay any amounts awarded under subsection
(2). |
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(4) |
The
Secretary of State must meet any other expenses reasonably incurred
in the work |
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of
the Commission, including the cost of the publication of the report
under section 8. |
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35 |
8 |
Report
of the Commission |
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(1) |
The Commission shall, within
a period of eighteen months beginning with the |
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date on which the first appointment
made in accordance with the provisions of |
|
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section 4
takes effect, make its report. |
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(2) |
The report made under subsection
(1) shall be— |
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40 |
(a) |
laid before each House of
Parliament, |
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| |
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(b) |
provided
to the Secretary of State, and |
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(3) |
For the purposes of this
Act, the work of the Commission shall be concluded |
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when the report made under
subsection (1) has been published. |
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9 |
Response
by the Secretary of State to the report of the Commission |
|
5 |
Within a period of six months
beginning with the date on which the report of |
|
|
the Commission under section
8
is published, the Secretary of State shall— |
|
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(a) |
lay before each House of Parliament,
and |
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a response to that report, including a response to each recommendation
of that |
|
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report addressed to the Secretary
of State. |
|
|
Miscellaneous and final
provisions |
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There
shall be paid out of sums provided by Parliament any expenditure
of the |
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Secretary
of State in connection with this Act. |
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11 |
Short
title and extent |
|
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(1) |
This Act may be cited as
the Drugs (Sentencing and Commission of Inquiry) |
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(2) |
This Act extends to England
and Wales only. |
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| |
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