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It is essential to be legally represented if you are accused of importing controlled drugs, as the sentences for drug importation in England and Wales are set deliberately high to deter people from committing the offence. Proper representation can make an enormous difference to your outcome. For example, our team recently represented a client who was found to have been importing over 100kg of cocaine into the UK. By identifying and presenting the appropriate mitigation to the Court, our client was able to secure a sentence of 6 years in custody, despite the sentencing guidelines indicating that he would likely receive a sentence of 10 years or more.
What is Drug Importation?
Drug importation, also known as ‘fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug’, refers to offences involving the transportation of controlled drugs into or out of the country. It is illegal to bring Class A drugs, such as cocaine, Class B drugs, such as cannabis and ketamine, and Class C drugs, such as steroids, into or out of the country. A person found doing this will be prosecuted.
These offences are taken extremely seriously in English law, with harsh consequences for those convicted at all levels of drug importation operations. Due to the serious nature of these offences, many of those convicted face lengthy prison sentences and unlimited fines.
The Range of Sentencing Options for Those Convicted of Drug Importation
The first thing taken into consideration when sentencing someone who has been convicted of this offence is the class of drug that has been imported. The sentencing range for each drug class is as follows:
Class A – A maximum sentence of life imprisonment. Sentences range between a Band A fine and 16 years’ custody.
Class B – A maximum of 14 years’ custody and/or an unlimited fine. Sentences range between a discharge and 10 years’ custody.
Class C – A maximum of 14 years’ custody and/or an unlimited fine. Sentences range between a discharge and 8 years’ custody.
What is Considered During Sentencing?
To determine the appropriate sentence for a drug importation offence, the Court considers the convicted person’s level of involvement in the overall operation. Those who have a leading role in organising the importation and overseeing people lower down in the operation will face harsher outcomes than those who play a minimal role, such as couriers. However, it is important to note that the custodial sentence is likely to be significant, no matter what role they played.
Once the level of involvement is established, the Court then considers the harm caused by the offending behaviour. To establish this, they will look at the amount of drugs being imported. The larger the quantity of drugs, the higher the sentence is likely to be.
Finally, the Court will consider any aggravating factors, such as previous convictions, and mitigating factors, for example, whether the person convicted was pressured into committing the offence. The sentence will then be adjusted to reflect these factors.
How We Can Help
Navigating sentencing for drug importation offences is a complex matter which requires assistance from knowledgeable and experienced legal professionals. With years of experience in representing clients accused of these offences in one of the busiest ports in the country, our Criminal Defence Team is well-versed in dealing with such cases and achieving successful outcomes for clients.
If you feel you require assistance with a drug importation case, we are here to assist. For more information, please contact the Criminal Defence Team on 023 9282 0747