Section 6: Aggravation of an offence under section 5
This section provides for a statutory aggravating factor when sentencing an offender for an offence of supplying, or offering to supply, a psychoactive substance where the supply, or offer to supply, took place at or in the vicinity of a school, involved the use of a courier under the age of 18 or took place in a custodial institution. This section only applies where the offender was aged 18 or over (subsection (1)). Where one of three conditions is satisfied, the court is required to treat the condition as an aggravating factor when determining the sentence. The effect of this would be to increase the severity of the sentence passed, whether it is a custodial or community sentence, or a fine, or both (subject to the sentence maximum as provided for in section 10). In determining the appropriate sentence in such cases, the court would also take into account other aggravating or mitigating factors, including (in England and Wales) those set out in Sentencing Council guidelines.
	The first condition is met when a person supplies a controlled drug on or in the vicinity of school premises (as defined in subsection (5)) when they are being used by children and young people and within one hour of any such time (subsections (3) and (4)). If the school day starts with a breakfast club at 07:30 and there are after-school sporting or other activities until 18:00, the relevant time would therefore be 06:30 to 19:00. The out of hours use of the school premises by a third party, for example, a yoga club for adults would not fall within the relevant time.
	The second condition is met when a person causes or permits a child or young person under 18 to deliver a substance to a third person (for the reasons set out in paragraph 61 above the substance may not be a psychoactive substance) or to deliver a drug-related consideration to himself or herself, or to a third person, in connection with the offence of supply of a psychoactive substance (subsections (6) and (7)).
	Subsection (8) defines a drug-related consideration. Such a consideration could be either a cash payment or a payment in kind.
	The third condition is met when the offence was committed in a custodial institution. (subsection (9)). Subsection (10) defines "custodial institution" to include prisons, young offenders institutions, specified immigration detention accmodation, and service custody premises.