Question to the Home Office:

To ask the Secretary of State for the Home Department, if he will make it his policy to introduce legislation to make the sale of banned narcotics to people under the age of 16 a specific criminal offence.

We have no plans to introduce legislation to make the sale of drugs to people under the age of 16 a specific criminal offence. Under s.4(1) of the Misuse of Drugs Act 1971 (MDA 1971), it is unlawful to “supply or offer to supply a controlled drug to another”. This is expanded upon by s.4(3), which makes it an offence: (a) to supply or offer to supply a controlled drug to another in contravention of s.4(1); or (b) to be concerned in the supplying of such a drug to another in contravention of s.4(1); or (c) to be concerned in the making to another an offer to supply such a drug (in contravention of s.4(1)).

These provisions do not differentiate between different classes of person based on age or any other characteristic. The offence is made out where a person supplies a controlled drug to another person or offers to supply a controlled drug to another person. It would therefore be an offence under s.4 MDA 1971 to supply a controlled drug to a person under the age of 16 (subject of course to any applicable exemptions and licences held).

Additionally, section 4A of the MDA 1971 sets out the circumstances that a court must treat as aggravating factors in respect of the offence of supply of a controlled drug under s.4. These circumstances are:

(a) When a person supplies a controlled drug on or in the vicinity of school premises when those premises are being used by persons under 18 (and within one hour of any such time); and

(b) When a person causes or permits a person under 18 to deliver a controlled drug to a third person or to deliver a drug related consideration to himself or a third person in connection with the offence of supply of a controlled drug.

The provisions of s.4A are concerned with where the supply took place (e.g. in the vicinity of a school), when the supply took place (e.g. during school hours) and whether a child courier was used to effect the supply.