Drugs: Misuse

Ministry of Justice written question – answered at on 22 October 2014.

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Photo of David Burrowes David Burrowes Conservative, Enfield, Southgate

To ask the Secretary of State for Justice, how many youth custodial sentences have been awarded for drug offences in the last five years; and how many of those sentences are for (a) primary offences and (b) non-Class A offences.

Photo of Andrew Selous Andrew Selous The Parliamentary Under-Secretary of State for Justice

The principal aim of the youth justice system in England and Wales is the prevention of offending by children and young people under the age of 18. Courts must have regard to this aim and to the welfare of the offender when sentencing a child or young person with the emphasis being on approaches that seem most likely to be effective with young people.

Table 1: Number of Juveniles sentenced to immediate custody for all drug offences[1] and for primary non-Class A drug offences[2] England and Wales 2009-2013[3][4]

All Drug Offences1

Number of Juveniles sentenced

Primary Non-Class A Drug Offences2

Number of Juveniles sentenced

2009

223

2009

56

2010

222

2010

84

2011

185

2011

68

2012

129

2012

47

2013

137

2013

31

Custodial sentences are available for those young people who commit the most serious offences and who fail to respond to community interventions.

There are also a number of community sentences which are available to the courts which are not covered by the figures above. As part of the Youth Rehabilitation Order, a Drug Treatment Requirement is available, where the young person’s drug use has been identified as a substantive factor in their offending behaviour. The Drug Treatment Requirement means that the young person must submit to treatment during the period specified in the order with a view to the reduction or elimination of the young person’s dependency on, or propensity to misuse, drugs.

[1] Data includes Sections 12, 13, 19(a), (b) Criminal Justice Co-Operation Act 1990, RR.6(5), 7, 8, & 9(2) Controlled Drugs (Drug Precursors)(Community External Trade) Regs 2008, Misuse of Drugs Act 1971, Customs and Excise Management Act 1979 (SS.50(2), (3) & (5), 68 (2) & (4) & 170(1), (2), (3) & (4) & Proceeds of Crime Act 2002 SS 327-330, 333, 334 (1,2) & 336 (5) & (6)

[2] Data excludes the following offence descriptions and corresponding statutes: Misuse of Drugs Act 1971 SEC 4(2)(3) SS.170(1)(b) & (3) & (4) & Sch.1,P.1 SEC 19, SEC 8, Misuse of Drugs Act 1971 SEC 4(2)(3) SS.170(1)(b) & (3) & (4) & Sch.1,P.1 SEC 19, SEC 8, Criminal Justice (International Co-operation) Act 1990 S.19(a)(b)

[3] The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

[4] Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

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