Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug

s.3 Misuse of Drugs Act 1971; s.170(2) Customs and Excise Management Act 1979 · Crown Court, Magistrates

Sentencing framework

This guideline structures sentencing based on the offender's role in the drug trafficking, the quantity of drugs involved, and the potential harm caused. Sentencing ranges from fines or community orders to life imprisonment, with specific minimum sentences for repeat offenses. Courts must consider statutory aggravating and mitigating factors when determining an appropriate sentence.

Maximum sentence

Life imprisonment for Class A; 14 years’ custody for Class B and C

Court

Crown Court, Magistrates

Starting point

14 years’ custody for Class A, 8 years’ custody for Class B, and 5 years’ custody for Class C

Offence range

Band A fine – 16 years’ custody for Class A; Discharge – 10 years’ custody for Class B; Discharge – 8 years’ custody for Class C

Aggravating factors

·Previous convictions
·Offence committed on bail
·Offender used or permitted a person under 18 to deliver a controlled drug
·Exploitation of children and/or vulnerable persons
·Involving an innocent agent in the commission of the offence
·Exposure of drug users to serious harm
·Use of sophisticated methods for evasion
·Presence of weapons
·Use of violence
·Failure to comply with current court orders

Mitigating factors

·Involvement due to pressure or coercion
·Importation only of drug to which offender is addicted
·Mistaken belief regarding the type of drug
·Isolated incident
·No previous convictions
·Remorse
·Positive character or exemplary conduct
·Steps taken to address addiction
·Serious medical conditions
·Age and/or lack of maturity
·Primary carer for dependents

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 – Determine the offence category
Step 2 – Determine the offence category at step two
Step 3 – Minimum terms for certain classes
Step 4 – Consider any factors indicating a reduction
Step 5 – Reduction for guilty pleas
Step 6 – Totality principle
Step 7 – Confiscation and ancillary orders
Step 8 – Reasons for the sentence
Step 9 – Consideration for time spent on bail

Guideline notes

This guideline applies only to offenders aged 18 and older. Courts should ensure fairness according to the Equal Treatment Bench Book.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.