zlacker

You've misread the legislation. The maximum sentences you're referring to are for summary convictions at a magistrates court. Possession of a controlled substance is an each-way offence which can be tried at either a magistrates or crown court. There is a higher maximum sentence if your offence is tried at a crown court, which is listed in schedule 4, namely "5 years or a fine, or both".

>>jdietr+(OP)
But that law has to be read in conjunction with others, which set out when trial is at magistrates or crown court; and what the sentencing guidance is.

The courts must follow the sentencing council guidelines unless it's in the public interest not to do so.

https://www.sentencingcouncil.org.uk/wp-content/uploads/Drug...

The starting point is 100% of weekly income; the range is 75% to 125% of weekly income.

> Band B 100% of relevant weekly income 75–125% of relevant weekly income

>>DanBC+x2
Judges don't have to adhere to guidelines as these are only guidelines. I have seen couple of cases where people were punished severely for something rather minor. Only thing you can do is to complaint about the judging.

>>merino+0m
English judges do have to adhere to the sentencing council guidelines.

https://www.sentencingcouncil.org.uk/about-us/

> The primary role of the Council is to issue guidelines on sentencing which the courts must follow unless it is in the interests of justice not to do so.

> The Sentencing Council is an independent, non-departmental public body of the Ministry of Justice and replaced the Sentencing Guidelines Council and the Sentencing Advisory Panel in April 2010.