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COPFS

Fentanyl and Carfentanil – (R016633) August 2017

Thank you for your e-mail in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

- How many of convictions involving the drug Fentanyl were there in each of the past 5 years?

- What sentences were they given?

- How many of convictions involving the drug Carfentanyl were there in each of the past 5 years?

- What sentences were they given?

You may firstly be interested to know that there were 6 charges reported by Police Scotland to COPFS over the period featuring the drugs Fentanyl or Carfentanil. Court proceedings were raised in relation to 2 of the charges (as set out in the table below); no action was taken in relation to 3 charges (all Fentanyl); and one charge (Carfentanil) was recorded as "not a separate charge" which means that action was taken in relation to other charges reported in the case for example because the prosecutor took the view that an alternative charge was more appropriate or because details of the charge were included within the body of another charge for evidential reasons.

Having interrogated the COPFS electronic system I can advise, as mentioned above, that there were no charges specifically featuring Carfentanil which achieved a conviction over the period. The following table of data, which I hope you will find helpful, relates to Fentanyl only.

Charges reported to COPFS involving Carfentanil/Fentanyl

       
Charges Convicted with Sentence

           
               
Drug Type

Sentence

2012-13

2013-14

2014-15

2015-16

2016-17

Total

Fentanyl

Community Payback Order

 

1

 

 

 

1

 

Admonished

1

 

 

 

 

1

Fentanyl Total

 

1

1

 

 

 

2

By way of additional information about the two charges involved, the charge from the period 2012/13 involved a contravention of the Misuse of Drugs Act 1971, Section 5(2) possession of a Class A drug namely Fentanyl. This charge was prosecuted at a summary level. The accused was admonished.

The charge from the period 2013/14 involved a contravention of the Misuse of Drugs Act 1971, Section 4(3)(b)- being concerned in the supplying of a Class A drug namely Fentanyl. This charge was again prosecuted at summary level. The accused was sentenced to a Community Payback Order. The Order was however later revoked and the accused was sentenced to a term of imprisonment by the Court.

If you are not already aware, you may be interested to refer to the National Crime Agency briefing report on Fentanyl which was published in April 2017.

http://www.nationalcrimeagency.gov.uk/publications/795-recent-deaths-possibly-linked-to-fentanyl/file