Sentencing reform for drug trafficking in England and Wales (original) (raw)

‘Drug mules’ are now recognised as a distinct category of drug offender. It is widely agreed that they play a minor role in the international drug trade, and are sometimes coerced or tricked into carrying drugs across borders, and so merit lesser punishment proportionate with their lesser role. In 2010, the United Nations upon nations to ensure that punishment for drug offences is proportionate. This briefing paper examines a sentencing innovation introduced in England and Wales in 2012, with the stated aim of achieving greater proportionality in the sentencing of drug mules. Analysis shows that greater proportionality has been achieved, although some caveats must be made. Addressing disproportionality especially benefits women drug couriers. Critics have previously noted that excluding mitigation, including caring responsibilities, has produced a double disproportionality. Sentencing reform in England and Wales is an important example of reform with potential international relevance to nations currently reviewing sentencing for drug trafficking offences, that can usefully inform the development of more proportionate punishments for drug couriers.