Concerned in the fraudulent evasion of a prohibition on the importation of a class C drug

Points to prove

• 1. A prohibition on the importation of the drug was in force under s 3(1)(a) of the Misuse of Drugs Act 1971
• 2. The goods were a controlled drug of Class C
• 3. There was a fraudulent evasion, or attempt at evasion, of that prohibition
• 4. The defendant was, in relation to the drug, in any way knowingly concerned in the fraudulent evasion or attempt — he knew the goods were prohibited goods and participated in the venture (knowledge of the precise drug or class is not required: R v Forbes [2001] UKHL 40)

Defences

• Statutory exception — s 3(2) MDA 1971: no prohibition applies where the importation is excepted by regulations under s 7 MDA 1971, or takes place under and in accordance with a licence issued by the Secretary of State and in compliance with its conditions
• Lack of knowledge (negates 'knowingly concerned'): the defendant did not know a venture involving prohibited goods was in being. NB the s 28 MDA 1971 defence does not apply to customs offences

Mode of trial & maximum penalty

Either way — Summary: 3 months' imprisonment and/or a fine; Indictment: 14 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/1979/2/section/170
• www.legislation.gov.uk/ukpga/1979/2/schedule/1
• www.legislation.gov.uk/ukpga/1971/38/section/3