Knowingly concerned in fraudulent evasion of prohibition / restriction on prohibited weapon / ammunition

Points to prove

• 1. A prohibition or restriction on the importation or exportation of the goods was for the time being in force under or by virtue of an enactment
• 2. The goods were a weapon or ammunition of a kind mentioned in s 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) or (c), or s 5(1A)(a), of the Firearms Act 1968 (engaging the life maximum under s 170(4A)(a))
• 3. There was a fraudulent evasion, or attempt at evasion, of that prohibition or restriction
• 4. The defendant was, in relation to those goods, in any way knowingly concerned in the fraudulent evasion or attempt — he knew the goods were goods subject to a prohibition or restriction and participated in the venture

Defences

• Statutory bar — s 170(5) CEMA 1979: a person is not guilty of the s 170 offence where the enactment or instrument imposing the prohibition or restriction itself provides a corresponding offence with an express fine or penalty
• Lack of knowledge (negates 'knowingly concerned'): the defendant did not know the goods were goods subject to a prohibition or restriction

Mode of trial & maximum penalty

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

Sources

• www.legislation.gov.uk/ukpga/1979/2/section/170