Importation of Controlled Drugs

Due to our robust record in providing successful criminal defence, we enjoy relationships with skilful and experienced barristers.  You can be confident that when you instruct our team, we will work with the best counsel and ensure every aspect and consequence of your defence is fully explained to you.  We have represented all types of clients accused of importing drugs into the UK, from holidaymakers bringing home illicit substances to sophisticated organised crime rings.

If you are facing charges for the importation of controlled drugs, we appreciate that you are likely feeling incredibly tense, worrying about what this could mean for your future. Rest assured, our solicitors have much experience providing sensitive yet direct and robust guidance to clients in these circumstances. Any questions or concerns that you have will be answered promptly.

Drug importation cases can be complex, however, our team will always ensure that they explain matters to you carefully, so that you appreciate your position.

Not only can we represent you in the Magistrates’ Court or Crown Court, we can also provide 24-hour police station representation.  Remember, anything you say or do can play a decisive role in the outcome of your criminal matter, therefore it is crucial you get immediate professional advice and support as soon as possible following arrest.

An importation of drugs offence can carry serious sentences, and so, it is essential that you contact an expert solicitor at the earliest opportunity.

What is the law governing the importation of drugs?

The law around the offence of importing a controlled drug into the UK is provided by the Customs and Excise Management Act 1979 (CEMA), sections 50 and 70.  Section 3 of the Misuse of Drugs Act prohibits the importation and exportation of controlled drugs. 

Section 50 of the CEMA – improper importation of goods

It is an offence under Section 50 of the CEMA to land or unload from any ship, aircraft or port prohibited or restricted goods (this includes drugs) or goods in which customs duty is owned but has not been paid.  The section also makes it an offence to remove any such goods from the place they were imported to, such as a wharf or transit shed.

An offence is committed by anyone who imports or is linked with the importation of prohibited or restricted goods whether or not the goods are unloaded.  Smuggling goods in a container which is labelled as holding goods of a legal nature is also an offence under section 50.

Section 70 of the CEMA – fraudulent evasion of duty

Section 70 is the more widely used section relating to a charge of importing drugs.  It provides that it is an offence to knowingly acquire possession of an item with intent to defraud or to evade customs duty or to avoid any prohibition or restriction.  It is also an offence to be ‘knowingly concerned’ in carrying, removing, depositing, harbouring, keeping or concealing or dealing with such an item.

As you can see, the importation of controlled drugs laws can be both strict and complex, which is why having the best legal experts to support you is essential.

If you have been accused of a drug importation offence, and you are looking for legal support, our experts can offer tailor-made guidance.

What is meant by ‘fraudulent evasion’?

If you are tried under section 70, the prosecution is required to prove beyond reasonable doubt that you deliberately and dishonestly tried to evade the duty, prohibition, or restrictions placed on the article imported.  Therefore, your state of mind when you performed the evasive acts will be of key importance, rather than the moment the drugs were actually imported.  For example, in R v Jackman, the accused intended to import two bags containing cannabis into the UK via a flight from Ghana.  She had a change of heart in Paris and abandoned the bags there.  Airport officials, believing the bags to have been misrouted, dutifully sent them onto London, where the contents were discovered.  Although the defendant did not physically bring the cannabis into the UK, she had intended to import the drugs when she initially checked them through from Ghana.

Our criminal defence Solicitors will take the time to understand the entirety of your actions to establish if there is a defence of a lack of intent.  If you did not intend to import the drugs or you changed your mind part way through the process, we will construct a persuasive argument to present to the Court on your behalf.

What other defences available for a charge of importing drugs?

There are several other defences available if you are charged with importing drugs into the UK; for example, if you were unaware that the goods imported were subject to a prohibition or restriction on importation.

The potential to be charged with the importation of controlled drugs has increased thanks to the proliferation of internet pharmacy websites selling drugs such as Viagra.  If you have been charged with importing a drug that you did not know was an illegal substance, or you were sent an illegal drug when you ordered a legal one, we can provide you with support, advice, and robust court representation.

Naturally, any defence will depend on the specifics of the case, to discuss your importation of drugs offence in the UK, please contact our specialist solicitors at JD Spicer Zeb.

Will my case be tried in the Magistrates’ Court or the Crown Court?

Most of the offences of importing controlled drugs are tried in the Crown Court as they are too serious to be dealt with in the Magistrates' Court.

All criminal cases start off in the Magistrates’ Court. The Magistrates will decide whether your case should remain in the Magistrates’ Court or, if there are difficult issues to be considered, be moved to the Crown Court.

If you are unsure of which court to have your case tried in, we will provide practical advice on which option will best serve your interests.

What are the penalties for importing controlled drugs into the UK?

If you are convicted of importing drugs into the country, the chance of receiving a prison sentence is high. Therefore, it is crucial to instruct us as soon as possible, to ensure we can build a strong defence in your favour. 

The sentencing of drug offences is governed by the Sentencing Council’s Definitive Guideline for Drug Offences.  These guidelines provide a starting point for the judge on which to base the sentence.  He or she is then required to look at any aggravating factors which could lead to the sentence being increased from the starting point, or mitigating factors, which could lead to the sentence being reduced.  Contrary to popular belief, the fact you plead guilty early on does not provide an automatic reduction in sentence (although in practice it often does), so it is crucial you discuss with us whether pleading guilty is in your best interests.

The Court will take into account the purity of the drugs imported, the amount brought into the country, and whether they were designed to be taken by you alone or were imported with the intention of being sold.

Importation of controlled drugs can carry serious penalties, yet these penalties will depend on many different factors. Such factors include the class of drugs, the quantity of drugs, and to what level and extent the individual was involved in the offence.

Under the Sentencing Council guidelines, penalties are set according to class of drug. For instance, the importation of class A drugs has a recommended sentence of between 3.5 and 16 years imprisonment, and a maximum of life imprisonment.

The importation of class B drugs has a recommended sentence of between 12 weeks’ and 10 years’ imprisonment, with a maximum sentence of up to 14 years’, an unlimited fine, or both.

Where individuals are charged with importing class C drugs the recommended sentence ranges from serving a community order to 8 year’s imprisonment, or a maximum sentence of 14 years imprisonment, depending on the circumstances, as well as the possibility of an unlimited fine.

Our solicitors are extremely knowledgeable regarding the importation of drugs sentencing guidelines, and can answer any questions you have, providing a realistic picture of your legal position.

To learn more about drug importation charges, please contact our team, we can provide expert legal advice on the importation of controlled drugs.

What are the potential defences for importing controlled drugs?

One potential defence for importing controlled drugs is lack of knowledge, as in, the individual was not aware that they were importing drugs. Potentially because the drugs were planted on their person, or that they were not aware that these were controlled substances.

Another defence might be if the individual can prove that they have a medical prescription for the drug that they were importing, however, whether this holds up depends on the circumstances and whether or not the drug can legally be possessed in the UK.

The potential defences for drugs importation largely depend on the case and circumstances. Once your solicitor has reviewed the case, they will proceed to build a fitting defence, with your support.

What can affect the sentencing for an importation of controlled drugs offence?

There are various factors which can impact the sentencing for an importation of controlled drugs offence. One of the key factors that will be considered is the culpability, as in, at what level was the individual involved in the drugs operation. Another key factor is the extent of potential harm associated with the offence, this is generally judged by the quantity of drugs and the class.

The prosecutor will seek to determine whether the defendant has played a lesser role, or a more significant role in the operation. Naturally, those who have played a more significant role are likely to receive a harsher sentence. Examples of significant roles include organisation of the overall operation, or managing a supply chain.

What counts as conspiracy to import drugs into the UK?

Drug offences that involve importing controlled drugs or illegal drugs can sometimes involve an element of conspiracy, depending on the case.

Conspiracy to important drugs into the UK is a type of offense where two individuals or more have planned to transport controlled drugs or illegal drugs into the UK. Such offences count as a conspiracy where the individuals have committed to doing so, and worked towards achieving the outcome. Consequently, you can be convicted of this offence whether or not the importation was a success.

Contact our criminal law defence solicitors today

If you have been charged with importing drugs into the UK, you must seek experienced legal advice immediately.  For urgent specialist advice, prompt representation or to speak to us confidentially about any criminal matter, please do not hesitate to contact one of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone:

• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form and we will get back to you as soon as possible.

In Urgent Cases

For immediate representation and advice concerning the importation of controlled drugs, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.