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County lines drug gangs refers to the practise where organised criminal networks and gangs use vulnerable people or young children to export illegal drugs across county lines, from big cities to rural countryside’s. The use of youths in particular, is an attempt to evade the detection of local authorities and is thought to somewhat diminish the risk of a lengthy sentence if caught comparatively to an adult offender.

The sentencing guidelines for drug offences is currently set out under the Misuse of Drugs at Act 1971 (MDA). However, the Sentencing Council has recently set out proposed new guidelines for those defendants charged under the MDA 1971 Act, which would lead to tougher sentencing thresholds particularly for those in powerful positions in these criminal networks.

The new guidelines will come into effect on the 1 April 2021. These guidelines will as Her Honour Judge Rebecca Crane commented ‘provide a clear sentencing framework for the court’s’. The updated guidance reflects the changing landscape of drug offences and the increased exploitation of children to run drugs over county lines. The tougher sentences hope to act as a deterrence to those at the high of these criminal networks, but how different are these changes?

So what does the new proposed guidelines set out?

The guidelines introduce new factors of culpability for those in a leading role in the drug network. This includes specifically;

  • Exploitation of children and/or vulnerable persons to assist in drug related activity
  • Exercising control over the home of another person for drug-related activity

These characteristic demonstrate a ‘leading role’ under the proposed changes to the Misuse of Drugs Act 1971 section 4(3) and increase culpability. In terms of how this is reflected in the sentence given, the guidance published sets out that those individuals in a ‘leading role’ in the commercial exportation of Class A Drugs could face a maximum sentence of life imprisonment with a range of a high level community order to 16 years custody. Comparatively, the current guidance sets out that ‘involving others in the operation whether by pressure, influence, intimidation or reward’ is a significant role not a leading role.

Finally, a further point to note is that the guidance sets out that those sentencing should be aware of the findings of a report commissioned by the Sentencing Council, which found a disparity in sentence outcomes for those from Black, Asian and other ethnicities comparatively to White offenders in terms of the immediacy of the custodial sentence and its length.

Why are tougher sentencing guidelines necessary?

The dynamic of county lines smuggling and how to prosecute the defendants is a source of much debate in recent years over the conflict that arises between prosecuting those individuals caught smuggling but also recognising the corporate exploitation that gives rise to concerns under the Modern Slavery Act 2015, for those in this supply chain. At its core this type of drug distribution involves the exploitation of vulnerable people either by bribery or coercion and then facilitating their travel for their product to be distributed. Under s.2 of the MSA 2015, a person commits the offence of human trafficking if they ‘arrange or facilitate the travel of another person with a view to that person being exploited’.

Prosecuting drug dealers or those involved in county lines drug dealing within this framework reflects the laws ability to utilise national legislation to subdue county line activity. However, tougher sentencing was needed to reflect this as the chairman of the Sentencing Council, Lord Justice Holroyde said, ‘the changing nature of offending… concerns about the exploitation of young or vulnerable people in the commission of drug offending’. The new guidelines set out higher culpability specifically for those who exploit vulnerable people or youths in the commission of drug offending. This includes not only those who head these criminal organisations but individuals in lower positions who exploit. Such reform is hoped to deter those from pursuing this trade and protect those most at risk of exploitation but only time will tell the effect is has on practise.

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