Importation of Controlled Drugs
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Defence Lawyers for Importation of Controlled Drugs
Facing charges of drug importation is a serious matter with potentially very severe consequences, including long-term imprisonment, proceeds of crime and a criminal record. At Clifford Johnston & Co, we understand the gravity of these accusations and the critical need for a robust and meticulous defence strategy.
Our team of experienced criminal defence solicitors offers expert legal representation to those accused of drug importation offences.
With over 30 years of experience, we have a proven track record of successfully defending clients in complex and high-stake cases. Our approach is grounded in extensive legal expertise, thorough preparation and a commitment to securing the best possible outcome for our clients.
Under the Misuse of Drugs Act 1971 and the Customs and Excise Management Act 1979, it is a criminal offence to bring into or take out of the UK a controlled drug. The penalties for drug importation offences are severe, often involving lengthy custodial sentences, particularly for Class A drugs such as heroin and cocaine. The prosecution must demonstrate that you were knowingly involved in the importation of a controlled substance, which typically involves detailed scrutiny of the evidence, including the quantity of drugs, financial transactions, telephone evidence and communications.
At Clifford Johnston & Co, we are committed to building a strong defence. We scrutinise every aspect of every case, challenging the prosecution’s evidence and exploring all possible avenues to protect your rights and interests. Our firm’s recognition, including being a finalist for Crime Team of the Year at the Manchester Legal Awards, underscores our dedication to excellence in criminal defence.
If you or a loved one are facing drug importation charges, you must act immediately. Contact us today to secure expert legal representation and ensure your defence is in capable hands.
How can we help?
We stand out amongst our competitors due to our excellent client care and exceptional reputation. In August 2023, we received a rating of Excellent (Category 1), the highest of five available categories, from the Peer Review Team of the Legal Aid Agency; this places us in the top 3% of Legal Aid providers in England and precedes our Category 1 rating of Excellent in 2020 and 2017. We are proud that our external assessors recognise our excellence in criminal law.
Our legal representatives defend clients across England and Wales , specialising in large, complex and serious crime offences. Having built a robust national reputation for providing top-quality legal advice, we explore every avenue, ensuring we advance strong defences on your behalf, challenge the prosecution’s evidence wherever possible and disclose and use crucial evidence to assist your case.
We work with a network of top legal professionals, including King Counsel, barristers, forensic accountants, forensic scientists, pathologists and medical experts. We select these experts based on their merit and experience.
Professional legal bodies put their trust in us to represent their members, and we have a successful track record at the police station, the Magistrates’ and Crown courts, and the Court of Appeal.
We handle a variety of drug offences, including:
- Production, Cultivation & Manufacture
- Possession with Intent to Supply
- Conspiracy to Supply Drugs
- Money Laundering
- Driving Under the Influence
If you find yourself the subject of an investigation for the importation of controlled drugs, it is crucial that you instruct professional advice as soon as possible to discuss your case.
What is drug importation?
Drug importation involves illegally bringing controlled substances into the UK across national borders; this is usually done secretly to avoid detection and without paying taxes. Under the Misuse of Drugs Act 1971, this offence includes not only physically bringing drugs into the country but also arranging or assisting in the importation process. It can involve activities like hiding drugs in goods or vehicles or using postal services to send packages.
Even without physically transporting the drugs, you can be prosecuted for being involved in the importation if you knowingly receive or arrange for the delivery of packages containing controlled substances. This broad scope ensures that all participants in the importation process, whether directly or indirectly involved, are held accountable under the law.
How is drug importation treated under the law?
Drug importation is a very serious crime, and investigations of this nature will likely include investigating bodies like HM Revenue and Customs and/or the National Crime Agency.
In the UK, the Crown Court passes sentencing for drug importation offences; each case depends on the classification of the drugs imported, its street value, the weight, the defendants role, and the purpose and intention of the smuggling.
Penalties for importing controlled drugs into the UK
If convicted of importing drugs into the country, a prison sentence is very likely. Therefore, it is crucial to instruct a solicitor as soon as possible.
The sentencing of drug offences is governed by the Sentencing Council’s Definitive Guideline for Drug Offences. These guidelines provide a starting point for the judge, who will consider aggravating and mitigating factors. It is essential to discuss with us whether pleading guilty is in your best interests. The court will consider factors such as the purity and quantity of the drugs and whether they were intended for personal use or sale.
The penalties for importing controlled drugs into the UK are as follows:
Class A Drugs
Maximum: Life imprisonment
Offence range: Band A fine – 16 years’ custody
Class B
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Discharge – 10 years’ custody
Class C
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Discharge – 8 years’ custody
Our solicitors are extremely knowledgeable regarding the importation of drug sentencing guidelines and can answer any questions you have, providing a realistic picture of your legal position.
Contact Clifford Johnston & Co today
Our drug solicitors defend clients across England and Wales in every aspect of criminal law matters, having built a robust national reputation for our services. As experts in their fields, our Stockport & Manchester solicitors have been providing a positive difference for our clients for many years.
If you are under investigation, arrested or invited for an interview for importing controlled drugs, seek legal advice immediately. Our criminal defence solicitors will guide you through each stage of the legal process, helping you understand your options and working to achieve the best possible outcome for your situation.
Providing the highest level of legal representation, we are known for our attention to detail and professionalism in all cases. We will ensure you have access to the highest-quality legal advice. Contact us today to learn how we can assist during this challenging time.
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Will my case be tried in the Magistrates’ Court or the Crown Court?
Importation of controlled drugs is typically too serious for the Magistrates’ Court and is usually tried in the Crown Court. All criminal cases start in the Magistrates’ Court, where a decision is made on whether the case should be transferred to the Crown Court. This decision depends on the complexity and severity of the case. Our experienced solicitors will guide you on the best approach for your specific situation.
What are the potential defences for importing controlled drugs?
There are several potential defences for importing controlled drugs, which include:
- Lack of Knowledge: The accused was unaware that they were transporting drugs, possibly because the drugs were planted or they did not know the nature of the substances.
- Medical Prescription: The drugs were for personal use with a valid medical prescription, though this defence depends on the legality of the substance in the UK.
Defences vary based on individual circumstances. Our solicitors will thoroughly review your case to build a robust defence.
What can affect the sentencing for importing controlled drugs?
Sentencing for importing controlled drugs depends on several factors:
- Culpability: The individual’s level of involvement in the drug operation.
- Harm: The quantity and class of drugs involved.
A significant role in organising or managing the operation can result in harsher sentences. Lesser involvement may lead to more lenient sentencing. Our team will work to present your role accurately and seek the best possible outcome.
What is conspiracy to import drugs into the UK?
Conspiracy to import drugs involves two or more individuals planning to transport controlled or illegal drugs into the UK. This offence is complete once an agreement is made and steps are taken to achieve the importation, regardless of whether the drugs actually arrive in the UK. The legal focus is on the agreement and the actions towards fulfilling that plan.