Assisting or inducing misuse of drugs offence outside the UK and importation Flashcards
Q: What section governs assisting or inducing misuse of drugs offences outside the UK?
S20 1971 Act- deals with behaviour taking place in the UK, which is designed to assist in the commission of a drug offence somewhere outside of the UK.
‘A person commits an offence if in the United Kingdom he assists in or induces the commission in any place outside the United Kingdom of an offence punishable under the provisions of a corresponding law in force in that place.’
It is aimed at interrupting the international drugs trade.
Q: What type of offence is it?
Triable either way offence
Maximum sentence of 14 years on indictment or 6 months summarily.
Q: Does the drugs offence outside the UK have to actually take place?
Yes!
Q: What does assisting or inducing cover?
Might cover the giving of an importation order, providing finance or instructions or taking containers to another country knowing that they are going to be used to illegally supply drugs elsewhere.
Q: What does ‘corresponding law’ mean?
S36 1971 Act
(1) In this Act the expression “corresponding law” means a law stated in a certificate issued by or on behalf of a foreign government to be a law for the regulation of the production, supply, use, export and import of drugs or other dangerous or harmful drugs, in accordance with treaty or other international obligations to which both the UK and that country are parties.
(2) A statement in any such certificate will be evidence that the matters stated in the certificate do in fact amount to an offence against the law of that country.
Q: When will this offence be used?
This offence will be primarily used in cases of mutual cross border operations, between ourselves and agencies of the country or countries concerned.
There will be an overlap between this offence and the offences under s3 of the 1971 Act which deals with the importation and exportation of controlled drugs.
Q: What is the s3 law on the importation and exportation of controlled drugs?
Maximum sentence for Class A is life imprisonment, otherwise it is 14 years.
Unless you are acting in accordance with a licence issued by the Sec of State or under another provision of the latest regulations or in accordance with a temporary class drugs order, it is prohibited to either import or export controlled drugs.
