Fraudulently evade a prohibition / restriction on the export of goods - other than controlled drug

Points to prove

• 1. A prohibition or restriction was for the time being in force with respect to the goods, under or by virtue of an enactment, on their exportation or shipment as stores (s 68(1))
• 2. The goods were exported or shipped as stores, or there was an attempted exportation or shipment as stores
• 3. The defendant was knowingly concerned in that exportation or shipment, or attempted exportation or shipment
• 4. The defendant intended to evade the prohibition or restriction

Defences

• Statutory bar — s 68(6) CEMA 1979: a person is not guilty of the s 68(2) offence where a corresponding offence with an express fine or penalty exists under the enactment or instrument imposing the prohibition or restriction
• Lack of knowledge or intent (negates the mental element): the defendant was not knowingly concerned, or did not intend to evade the prohibition or restriction

Mode of trial & maximum penalty

Either way — Summary: 6 months' imprisonment and/or a fine; Indictment: 14 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/1979/2/section/68