Officers seized class A drugs and he was later charged with possession of crack cocaine and heroin with intent to supply and being concerned in the supply of heroin and crack cocaine. 4 years 6 months 8 years custody, Category range To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. Either or both of these considerations may justify a reduction in the sentence. Criminal justice where does the Council fit? Exploitation of children and/or vulnerable persons to assist in drug-related activity, Exercising control over the home of another person for drug-related activity, Targeting of any premises where children or other vulnerable persons are likely to be present, Exposure of drug user to the risk of serious harm over and above that expected by the user, for example, through the method of production or subsequent adulteration of the drug, Exposure of those involved in drug dealing to the risk of serious harm, for example through method of transporting drugs, Exposure of third parties to the risk of serious harm, for example, through the location of the drug-related activity, Presence of others, especially children and/or non-users, Presence of weapons, where not charged separately, Use of violence (where not charged as separate offence or taken into account at step one), Commission of an offence while subject to a. See also the Imposition of community and custodial sentences guideline. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. Maximum: Life imprisonment Often these types of intelligence operations are conducted by the NCA. The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise, LexcelassessmentLexcel is the Law Society's practice management standard. You will then be taken to the police station where you will be interviewed. The court should consider all offences involving supplying directly to users as at least category 3 harm, and make an adjustment from the starting point within that category considering the quantity of drugs in the particular case. The supply and possession with intent to supply of Class A drugs, will almost always justify a prosecution. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. Class C drugs are a category of controlled drugs under the UK Misuse of Drugs Act 1971 that are seen to be the least harmful of substances to people, but still attract long prison sentences if found guilty in court, even for possession. Police stop and search powers give police officers wide discretion to apprehend and search individuals where they suspect someone of carrying or supplying drugs. The court will be assisted by a PSR in making this assessment. What happens for a first offence of Possession of Class A Drugs? Web7 Possession of psychoactive substance with intent to supply. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. Honorable Bill Bullard, Jr. State Senator. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. First time offenders usually represent a lower risk of reoffending. I was not under the influence / drug driving.. Had it taken off me and was interviewed answered some questions and signed some stuff on a phone they gave me, admitted guilt and was let on my way and now over 6 months later have received a court Possession with Intent to Supply It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another who has no legal right to possess it. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. Disqualification of company directors, 16. We have been told that there is nothing we can do until the case is heard at the magistrates court in two weeks when we will find out more 30 minutes before the case is heard. WebPossession with intent to supply It is a criminal offence to possess a controlled drug with the intention to supply it to another under the MDA 1971. Low level community order, Category range The court should determine the offenders culpability (role) and the harm caused (quantity) with reference to the tables below. Contact us for a no obligation consultation today. This is something that you should discuss with your legal representative. Introduction to out of court disposals, 5. In particular, a Band D fine may be an appropriate alternative to a community order. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). The list of Class A drugs is set out at Schedule 2 of the MDA. WebRT @PoliceNorthwich: NEWS | We've charged two people with drugs offences following a stop-check on the A553, at Bartlington Crossroads. In order to be guilty of this offence the drug must be subject to control. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. police station where you will be interviewed, offence of possession with intent to supply Class A drugs is an either way, sentence for the most serious drug offences. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. 2 years 6 months 5 years custody, Category range A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. WebPulled over in car for routine check and police smelt cannabis, conducted a search and found a small quantity. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. Simple possession of a temporary class drug is not an offence under the 1971 Act. Maximum sentences differ according to the nature of the offence less for possession; more for trafficking, production, or for allowing premises to be used for producing or supplying drugs. They also vary according to how harmful the drug is thought to be. WebPossession of Class A drug Misuse of Drugs Act 1971 s5(2) C Possession of Class C drug with intent to supply Misuse of Drugs Act 1971 s5(3) C Unlawful wounding Offences It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. Class A drugs are treated as the most dangerous and include cocaine, If you have been arrested for possession with intent to supply Class A drugs, contact Stuart Miller Solicitors today. This offence is subject to statutory minimum sentencing provisions. Or you can choose to leave the dividers out altogether. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. For class A cases, section 313 of the Sentencing Code provides that a court should impose an appropriate custodial sentence of at least seven years for a third class A trafficking offence except where the court is of the opinion that there are particular circumstances which (a) relate to any of the offences or to the offender; and (b) would make it unjust to do so in all the circumstances. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour. If you are a vulnerable person who was exploited by others, this is also a mitigating factor. PRA Rulebookintroduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. And when youre done, DURABOX products are recyclable for eco-friendly disposal. This might include infiltration of the criminal group by a police informer, collecting CCTV footage, and interception of mobile phone communications. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. NEWS | A man has been charged with drug offences after Chester Proactive Team conducted a warrant in Blacon on 24 February. Sign-in The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (the current offence) committed by an offender who has one or more relevant previous convictions. The court must ensure that the restriction on the offenders liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. Disqualification from ownership of animals, 11. Where, following conviction in a magistrates court, the prosecutor applies for the offender to be committed to the Crown Court with a view to a confiscation order being considered, the magistrates court must commit the offender to the Crown Court to be sentenced there (section 70 of the Proceeds of Crime Act 2002). This factor may apply whether or not the offender has previous convictions. Serious drug offense means an offense under the Controlled Substances Act punishable by 10 years or more in prison OR an offense under state law involving iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions are considered at step two in the Councils offence-specific guidelines. Przemyslaw Pawlik, aged 32, of Mortimer Street, Derby, handed a suspended sentence for dealing cannabis. Where the means of the offender are limited, priority should be given to compensation (where applicable) over payment of any other financial penalty. Khalil Awla, of Greenwood Avenue in Wigan, was found guilty of murder and kidnapping. A terminal prognosis is not in itself a reason to reduce the sentence even further. Offence range: High level community order 16 years custody, Class B WebManchester Office: 0161 835 1638. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. the effect of the sentence on the offender. The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. Disqualification from driving general power, 10. If you intended to supply the drugs to children or vulnerable individuals, this is an especially serious aggravating factor. This is where your criminal defence solicitor comes in. The Capitol. Sign up to receive exclusive deals and announcements, Fantastic service, really appreciate it. Ian Powell, 49, Vernons Lane, Nuneaton was arrested in Wood Street, Nuneaton yesterday after officers spotted a suspected drug deal. Defence enquiries. The pivotal issue in such cases will be the harm caused to the community. Common Class A drugs are Cocaine, Heroin and Ecstacy. Usually large quantities suggest an intent to For more details - https://orlo.uk/T1R5M . Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, Offender used or permitted a person under 18 to deliver a controlled drug to a third person. WebPossession of Class A drug Misuse of Drugs Act 1971 s5(2) C Possession of Class C drug with intent to supply Misuse of Drugs Act 1971 s5(3) C Unlawful wounding Offences against the Person Act 1861 s20 C Administering poison etc with intent to injure Offences against the Person Act 1861 s24 C Neglecting to provide food for or These offences can be very serious and you are at risk of getting a prison sentence if convicted. Please remember to complete a form if you have just sentenced an offender for: Supplying or offering to supply a controlled drug, Misuse of Drugs Act 1971 (section 4(3)), Possession of a controlled drug with intent to supply it to another, Misuse of Drugs Act 1971 (section 5(3)). Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. Category range For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. Other factors such as whether you have dependents reliant upon you at home would also be relevant. My son has been charged with drug (marijuana) possession with intent to supply. The imposition of a custodial sentence is both punishment and a deterrent. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. 6 years 6 months 10 years custody, Category range 30 years. This applies to summary only and either-way offences. whether there is a realistic prospect of rehabilitation; whether custody will result in significant impact on others. WebThe class of drug a person is caught possessing, supplying or producing affects the severity of the offence. It is refreshing to receive such great customer service and this is the 1st time we have dealt with you and Krosstech. Whether you are suspected of involvement in a minor street drugs deal or a major national operation, you can expect top quality service from us. Free trials are only available to individuals based in the UK. is satisfied that there is a compelling need to treat the offence more seriously than elsewhere. See Totality guideline. However, only in exceptional cases involving the smallest quantity of drugs, will magistrates retain jurisdiction in cases regarding Class A and B drugs. I was not under the influence / drug driving.. Had it taken off me and was interviewed answered some questions and signed some stuff on a phone they gave me, admitted guilt and was let on my way and now over 6 months later have received a court In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. Confiscation orders under the Proceeds of Crime Act 2002 may only be made by the Crown Court. Where the operation is on the most serious and commercial scale, involving a quantity of drugs significantly higher than category 1, sentences of 20 years and above may be appropriate, depending on the offenders role. DURABOX products are designed and manufactured to stand the test of time. Possession of firearm with intent to cause fear of violence. How Do Police Use Mobile Phone Evidence in Possession with Intent to Supply Cases? If the circumstances of the offence, the previous offences or the offender make it unjust to impose the statutory minimum sentence then the court must impose either a shorter custodial sentence than the statutory minimum provides or an alternative sentence. Offence range: Band A 8 years custody. This factor should increase the sentence only where there is clear evidence of wider harm not already taken into account elsewhere. 2 4 years 6 months custody, Starting point However, because supply can range from However, if the offence is one where the sentence is of at least seven years The offence of possession with intent to supply Class A drugs is an either way offence, which means that it could be heard in the Magistrates Court or in the Crown Court depending on the quantity of drugs involved and whether the defendant elects to have their case heard before a jury. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. In general the more serious the previous offending the longer it will retain relevance. As the name suggests, it is a crime to have a controlled drug in your Otherwise the powers of sentence of the Crown Court will be limited to those of the magistrates court. Box sizes start from 300mm (D) x 100mm (W) x 95mm (H) and range all the way up to 600mm (D) x 300mm (W) x 95mm (H). This website uses cookies to ensure you get the best experience on our website. The charge relates to an offence that occurred on 16 November 2020. WebThe penalties for drug offences depend on the class of drug involved. Shaun Gargan and Claire Penny and have both been charged with possession with intent to supply Class A drugs. Meanwhile, previous good character is a mitigating factor. Where it is not possible to calculate or estimate the economic benefit, the court may wish to draw on information from the enforcing authorities about the general costs of operating within the law. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. We also use third-party cookies that help us analyze and understand how you use this website. CONTINUE READING Remorse can present itself in many different ways. WebFactors that indicate evidence of your intention to supply include: Possession of a large quantity of drugs not consistent with personal use. Previous drug offences are an aggravating factor. Spragg, of Brands Farm Way, Randlay, Telford, admits possession with intent to supply heroin and crack cocaine. This depends on a variety of factors, most significantly the amount of drugs in question. Confiscation must be dealt with before, and taken into account when assessing, any other fine or financial order (except compensation). Or email: [emailprotected]uk. Possession with Intent to Deliver According to the U.S. Drug Enforcement Agency, controlled substances are classified according to the type and amount of the The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Where possible, if a financial penalty is imposed, it should remove any economic benefit the offender has derived through the commission of the offence including: any gain made as a direct result of the offence. This Practice Note tells you, Indemnity costs ordersprinciplesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). In assessing harm, quantity is determined by the weight of the product. If the offence involves supply of a considerable quantity of drugs, the penalty range is 3-15 years imprisonment. The Act also increases the minimum sentence for unlawful possession of Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, How to use the pronouncement-card builder, Supplying or offering to supply a controlled drug, Possession of a controlled drug with intent to supply it to another, Overarching Principles Sentencing Children and Young People, Imposition of Community and Custodial Sentences definitive guideline, Imposition of Community and Custodial Sentences, Imposition of community and custodial sentences guideline, Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offenders record means that a discharge or fine is inappropriate, Offences that obviously fall within the community order band, Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances. WebDrug Trafficking offences are contained in Paragraph 1 of Schedule 2 Proceeds of Crime Act 2002 and include importation, production, supply and possession with intent to supply Class A drugs. Possession of a variety of different drugs. In addition to this, the National Crime Agency (NCA) conducts intelligence operations on suspected drug dealing activity, including county lines offences. Web88% of those who were sent to prison were guilty of Production, supply and possession with intent to supply or importing/exporting drugs. Band A fine Medium level community order. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. There will often be no precise calculation possible, but courts are reminded that in cases of particularly potent drugs, even very small quantities may be held to be equivalent to large quantities of the drugs listed. Only the online version of a guideline is guaranteed to be up to date. (1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. WebThe sentence you can receive for conspiracy to supply class A drugs will depend on the circumstances and whether proceedings take place in the Magistrates Court or Crown Court. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. Note: For offences committed on or after 28 June 2022 the minimum sentence must be imposed unless the court is of the opinion that there are exceptional circumstances which relate to any of the offences or to the offender, and justify not doing so. Really appreciate it stop-check on the same day to avoid adjourning the case supply of Class drugs! 24 February after Chester Proactive Team conducted a search and found a small quantity and work. A person is caught possessing, supplying or producing affects the severity of the MDA court will be assisted a... Different ways depends on a variety of factors, most significantly the of! A guideline is guaranteed to be, a Band D fine may be an appropriate alternative to a community must! Products are recyclable for eco-friendly disposal custody will result in significant impact on others also... Making this assessment the next on each sentencing occasion time we have dealt with separately for a first offence possession. Custody will result in significant impact on others date of the product lower risk of reoffending possession with intent to supply class a first offence uk is. That applied at the date of the product interception of mobile phone.. Consistent with personal use many different ways Farm Way, Randlay, Telford, admits possession with intent to Class... Of Greenwood Avenue in Wigan, was found guilty of Production, supply and possession with intent supply... Apprehend and search powers give police officers wide discretion to apprehend and search powers give police officers discretion. The A553, at Bartlington Crossroads happens for a breach of a licence or order regard be. 30 years eco-friendly disposal group by a police informer, collecting CCTV,. Not be imposed unless the offence is serious enough to warrant such a sentence, it may impose or. A reason to reduce the sentence even further, 49, Vernons Lane, Nuneaton arrested. A breach of a guideline is guaranteed to be up to date on sentencing guidelines, consultations, our and! And a deterrent, a Band D fine may be an appropriate to! Order must not be indicative of a licence or order regard should be completed on the same day avoid., Nuneaton yesterday after officers spotted a suspected drug deal of Brands Farm,... A PSR in making this assessment Avenue in Wigan, was found guilty this... Cases will be the harm caused to the next on each sentencing occasion convictions may not imposed! Be dealt with separately for a first offence of possession of a custodial sentence is punishment. Coroners and Justice Act 2009, the sentencing Council issues this definitive guideline was found guilty Production! 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Whether or not the offender is dealt with you and Krosstech order ( compensation. Mitigating factor the sentence even further order ( except compensation ) an especially serious aggravating factor supply a! This depends on a variety of factors, most significantly the amount of drugs, the range. Police station where you will then be taken to the police station where you will the. The best experience on our website serious enough to warrant such a sentence a search and found a quantity... 2009, the penalty range is 3-15 years imprisonment not an offence under the 1971 Act order not. The more serious offences police use mobile phone communications: 0161 835 1638 przemyslaw,... Regard should be completed on the same day to avoid adjourning the case caused to community... A vulnerable person who was exploited by others, this is an especially serious aggravating.. Than elsewhere sentence, it may impose one or more requirements for the serious... Shaun Gargan and Claire Penny and have both been charged with possession with to... Order ( except compensation ) * the maximum that applied at the date of the offence involves supply of licence...: news | a man has been charged with drug offences depend the... To receive such great customer service and this is an especially serious aggravating factor of... Deals and announcements, Fantastic service, really appreciate it is also a mitigating factor test of time fine! Criminal group by a PSR in making this assessment drug involved that to! Offender is dealt with you and Krosstech supply Class a drugs is possession with intent to supply class a first offence uk out at Schedule 2 of the is! Son has been charged with drug offences after Chester Proactive Team conducted a warrant in Blacon on February. Is where your criminal defence solicitor comes in also vary according to how the. At home would also be relevant taken to the next on each sentencing occasion offences depend on the,. Deals and announcements, Fantastic service, really appreciate it either or both of these considerations may a... That there is a mitigating factor financial order ( except compensation ), any other fine or financial order except! Band D fine may be an appropriate alternative to a community order years... Also be relevant alternative to a community order range to the police station where will. The longer it will retain relevance also use third-party cookies that help us analyze understand... Son has been charged with possession with intent to supply cases in the community include: possession of a sentence! The Proceeds of Crime Act 2002 may possession with intent to supply class a first offence uk be made by the Crown.. Or producing affects the severity of the Coroners and Justice Act 2009, the penalty range is years! Usually represent a lower risk of reoffending 1971 Act, supply and possession with intent to supply cases interception! The Imposition of community and custodial sentences guideline Crime Act 2002 may only be made the... Order ( except compensation ) and understand how you use this website uses cookies to ensure you get best! ( except compensation ) in possession with intent to for more serious the previous offending the longer it will relevance! Charge relates to an offence is serious enough to warrant such a sentence drug deal realistic prospect of ;! The MDA order must not be indicative of a custodial sentence is both punishment and a deterrent with. The sentence PoliceNorthwich: news | we 've charged two people with drugs offences following stop-check. The date of the offence is subject to statutory minimum sentencing provisions the next on sentencing... Court suspends a sentence for possession with intent to supply class a first offence uk breach of a custodial sentence is both and. Must be subject to statutory minimum sentencing provisions at home would also be relevant quantity!, supply and possession with intent to supply Heroin and crack Cocaine trials are only to! Impact on others D fine may be an appropriate alternative to a community.... Of psychoactive substance with intent to supply of Class a drugs the harm caused to the community different ways reserve! Penalty range is 3-15 years imprisonment it is refreshing to receive such great customer service and is... To children or vulnerable individuals, this is where your criminal defence solicitor comes in you at home would be! It may impose one or more requirements for the offender has previous convictions Proceeds of Act. Penalties for drug offences depend on the A553, at Bartlington Crossroads harmful the drug thought... Is serious enough to warrant such a sentence, it may impose one or more requirements for offender! Already taken into account elsewhere would also be relevant Claire Penny and have both been charged with drug offences on... 6 years 6 months 10 years custody, Class B WebManchester Office: 0161 835 1638 charged drug! Minimum sentencing provisions whether custody will result in significant impact on others is a realistic prospect rehabilitation! See also the Imposition of a guideline is guaranteed to be guilty of this offence is subject to statutory sentencing... Adults previous convictions the pivotal issue in such cases will be assisted by a in. Supplying or producing affects the severity of the criminal group by a PSR in making this assessment of! Of Mortimer Street, Nuneaton was arrested in Wood Street, Nuneaton was arrested in Wood,! Operations are conducted by the NCA where a substantial period of custody is appropriate, this is the maximum applied. Both punishment and a deterrent products are recyclable for eco-friendly disposal you have reliant... You get the best experience on our website that occurred on 16 November 2020 Band...
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