Customs and Excise Management Act 1979 (UK)

Product Information

This includes the provisions to allow goods to be seized and detained. It also sets out the circumstances where the power can be exercised by any officer, or others, including police officers and the coastguard. If A injects B with a drug belonging to B, A is not supplying a drug in contravention of s.4(1) ( R v Harris [1968] 1 WLR 769). excise goods brought into Northern Ireland from an EU country were for your own use or to be given away

The current law is contained in the Customs & Excise Management Act ( CEMA) 1979, s139 and Schedule 3 to that Act. Extravagant lifestyle, but only when that is of probative significance to an issue in the case. Evidence of this type is only likely to be admitted by the courts rarely but for a detailed overview refer to Archbold 27-71 to 27-76. Evidence demonstrating the cannabis is being used to alleviate symptoms associated with a chronic medical condition. The Modern Slavery Act 2015 may provide opportunities to consider the circumstances of 'County Line' offending, particularly where there has been deliberate targeting, recruitment and significant exploitation of young and vulnerable people. Prosecutors should, however, be alert to the challenge of securing a conviction for a Modern Slavery Act offence. Controlled DrugsThe offence would not apply where the article or substance was one specified in List A of the Prison Act, which includes controlled drugs. It is already an offence for a person without authorisation to convey controlled drugs into a prison (which includes throwing them into prison), (sections 40A to 40C of the Prison Act 1952). The legal restrictions placed on the use of controlled drugs are aimed at preventing drug misuse. The principal offences relating to the misuse of controlled drugs are contained in the Misuse of Drugs Act 1971 ("the Act") and most of the offences dealt with in this guidance are created by the Act. There is separate guidance available on Inchoate Offences elsewhere in the Legal Guidance. The primary objective of the Act is the control of the use and distribution of dangerous and harmful drugs. The Act classifies the drugs according to their relative degree of overall harm from misuse. County Lines the administration by any person of a controlled drug to himself in circumstances where having the controlled drug in his possession is not unlawful under section 5(1) of the Act. However, Rule 3 of the Criminal Procedure Rules requires all parties to identify the real issues in a case at an early stage and prosecutors are encouraged to attempt to agree the continuity in a case by formal admission as early as possible in proceedings. Obstructing an officer executing/seek to execute a warrant for suspected drug-cutting agents That he believed the product to be a controlled drug, which had it been that drug, would mean that he would not have been an offence at the time that he committed it.

This offence is subject to statutory minimum sentencing provisions. Permitting premises to be used (effective 1 April 2021) This offence is subject to statutory minimum sentencing provisions. Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug (effective 1 April 2021) Obstructing (or concealing or failing to produce evidence to) a constable or other authorised person - s.23 of the Act.to supply or offer to supply articles to be used in the preparation of a controlled drug for unlawful administration.

It is not necessary for the Crown to prove more than knowledge of the supply of a controlled drug even where the particular drug is specified ( R v Bett (1999) 1 Cr. App. R. 361). Opium Related Offences the market value of the goods at the time of seizure and not including any additional compensation (for costs, travel expenses, interest) does not override the need for consideration to be given in every case as to whether a charge/prosecution is in the public interest; The supply and possession with intent to supply of Class A drugs, will almost always justify a prosecution. These are the most serious offences in the Act and will often attract substantial custodial sentences. Circumstances where a prosecution for such an offence is not in the public interest will be very rare. Where the evidence supports a charge of supplying or possessing controlled drugs of any class with intent to supply, this is to be preferred to a simple possession charge.Evidence of large amounts of money in the possession of the defendant, or an extravagant life style which is only prima facie explicable if derived from drug dealing, is admissible in cases of possession with intent to supply if it is of probative significance to an issue in the case R v Morris(1995) 2 Cr. App. R. 69. Although an indictment should never be overloaded with unnecessary counts, prosecutors should always consider the use of alternative counts in cases where the defendant's culpability is uncertain. For example, where the evidence of intent to supply is not conclusive, an alternative count for simple possession may be justified. On the other hand, if the prosecution case is that the defendant is heavily involved in the supply of drugs, a count for simple possession would detract from that allegation. Your goods will not be restored if your reason for that request is that things were not legally seized or, in the case of excise goods, they were imported for your ‘own use’. You should challenge whether the seizure was lawful instead bearing in mind the one calendar month time limit for doing that. a seizure information notice (receipt of goods seized) handed to you or your agent if the thing was seized in your or their presence — the reason for the seizure should have been explained to the person present at the time of the seizure In relation to offences of possession (with or without intent to supply), production, supply, cultivation of drugs or the opium-related offences, it is a defence for the accused to show that: