Drugs and psychoactive substances
Fraudulent evasion of a prohibition — controlled drug import/export
Customs and Excise Management Act 1979, s.170 (controlled drugs context)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- Life imprisonment
Actus reus
- s.170(2): in relation to goods, knowingly concerned in any fraudulent evasion or attempt at evasion of a prohibition or restriction in force with respect to the goods (CEMA 1979, s.170). For this page the prohibition is MDA 1971, s.3 (import/export of a controlled drug).
- s.170(1) is a different limb (knowingly acquiring possession of, or dealing with, such goods with intent to evade). Read the charged subsection.
Mens rea
- s.170(2): knowledge of being concerned, and the evasion or attempt is fraudulent. The accused must be knowingly concerned in evasion of the prohibition — not mere presence near a suitcase.
Defences
Not knowingly concerned · No fraudulent evasion or attempt · Goods not subject to the charged prohibition · Wrong subsection charged
Sentencing Council
Sentencing Council guideline effective 01 April 2021. Offence range: Band A fine – 16 years’ custody Class B Maximum: 14 years’ custody and/ or unlimited fine Offence range: Discharge – 10.
At the police station
Identify s.170(1) or (2) and the class of drug. MDA production/supply may be charged in the alternative. Life is the MDA-modified maximum on this guideline, not the ordinary 14-year CEMA maximum.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.