The offence
Section 3 of the Misuse of Drugs Act 1971 prohibits the importation or exportation of controlled drugs. Cases often involve border force seizures, couriers, postal imports and organised networks. The maximum for Class A importation is life imprisonment.
Defences
- No knowledge of the drugs — for example, an unknowing courier
- Duress or exploitation, including modern slavery defences
- Disputed continuity, handling or analysis of the seized substance
- Challenges to the search, seizure and chain of custody
Sentencing
Importation is treated as a leading-role offence in many cases, with Class A importation carrying up to life imprisonment. The guidelines weigh the quantity, role, and whether the defendant was a courier under coercion.
Frequently asked questions
Lack of knowledge is a defence. The prosecution must prove you knew or suspected the presence of the drugs, particularly in courier cases.
Yes. Where someone was trafficked or coerced into importation, the section 45 defence under the Modern Slavery Act 2015 may apply, and we advise on its scope.
Life imprisonment. The sentence reflects the quantity and the defendant’s role in the operation.