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Fraudulent evasion of a prohibition — controlled drug import/export

Drugs and psychoactive substances — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

More in Drugs and psychoactive substances

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.