DRUG SMUGGLING SOLICITORS

We strongly recommend that anyone accused of drug smuggling urgently contacts a solicitor experienced in this area of law. Having legal representation experienced in drug smuggling law on your side, to ensure fair treatment, can significantly impact the outcome of your case. Drug smuggling is one of the most complex areas of criminal law, involving different countries and jurisdictions. Therefore, seeking legal advice from an expert with experience managing cases of this nature is crucial.

What is the Legal Definition of Drug Smuggling?
Section 3 of the Misuse of Drugs Act 1971 prohibits the importation and exportation of a controlled drug. However, this alone does not constitute an offence. The offence is actually the evasion of the prohibition referred to in Section 170 of the Customs and Excise Management Act 1979.

This states that if any person is: "in relation to any goods, knowingly concerned in any fraudulent evasion or attempt at evasion...of any duty chargeable on the goods...of any prohibition or restriction for the time being in force with respect to the goods under or by virtue of any enactment...he shall be guilty of an offence under this section and may be detained."

When it comes to the law relating to drug smuggling (and the Customs and Excise Management Act 1979), it is the fraudulent evasion (or attempt at it) of the prohibitions of the import and export of a controlled drug that is crucial.

The main exception is when drug smuggling involves psychoactive substances. The Psychoactive Substances Act 2016 created two offences of importing or exporting these substances. In this instance, Section 170 of the Customs and Excise Management Act 1979 is not relevant to these offences.

Can I be Prosecuted for Drug Smuggling Even if I Did Not Carry the Drugs Myself?
Yes, even if you did not physically bring the drugs into the country yourself, you could still be prosecuted for being involved in drug smuggling. If you knowingly received the controlled drugs, then you could still be charged.