- (d) the person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects.
(2) A person (“P”) commits an offence if—
- (a) P offers to supply a psychoactive substance to another person (“R”), and
- (b) P knows or is reckless as to whether R, or some other person, would, if P supplied a substance to R in accordance with the offer, be likely to consume the substance for its psychoactive effects.
(3) For the purposes of subsection (2)(b), the reference to a substance’s psychoactive effects includes a reference to the psychoactive effects which the substance would have if it were the substance which P had offered to supply to R.
(4) This section is subject to section 11 (exceptions to offences).
6Aggravation of offence under section 5
(1) This section applies if—
- (a) a court is considering the seriousness of an offence under section 5, and
- (b) at the time the offence was committed the offender was aged 18 or over.
(2) If condition A, B or C is met the court—
- (a) must treat the fact that the condition is met as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
- (b) must state in open court that the offence is so aggravated.
(3) Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time.
(4) For the purposes of subsection (3) a “relevant time” is—
- (a) any time when the school premises are in use by persons under the age of 18;
- (b) one hour before the start and one hour after the end of any such time.
(5) In this section—
- “school premises” means land used for the purposes of a school, other than any land occupied solely as a dwelling by a person employed at the school;
- “school” has the same meaning—
- (a) in England and Wales, as in section 4 of the Education Act 1996;
- (b) in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;
- (c) in Northern Ireland, as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
(6) Condition B is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.
(7) For the purposes of subsection (6) a person (“P”) uses a courier in connection with an offence under section 5 if P causes or permits another person (the courier)—
- (a) to deliver a substance to a third person, or
