to supply or offer to supply articles (other than a hypodermic syringe, or any part of one) for the purpose of administering a controlled drug, where the administration of the drug will be unlawful; and the administration by any person of a controlled drug to another is in circumstances where the administration of the drug is not unlawful under section 4(1) of the Act, or The legislation will also introduce statutory safeguards by way of time limits and an appeal mechanism. The proposed safeguards include that owners will have one calendar month in which to contest the seizure before goods are destroyed. At the end of the one calendar month, if there is no appeal, the goods will be deemed as forfeit to the Crown and can be destroyed. Legislating for a penalty will also support existing schemes to provide assurance against non-compliance such as the Fulfilment House Due Diligence Scheme, and the Soft Drinks Industry Levy, both schemes have forfeiture provisions and will apply to goods in bulk. does not remove the need for each case to be considered on its individual merits or fetter the discretion to charge and to prosecute the most appropriate offence depending on the particular facts of the case.

It will often not be necessary possible for there to be additional counts of supply/possession with intent to supply, even where the production of the drug has moved on to the next stage of being prepared for onward distribution. does not override any guidance issued on the use of appropriate alternative forms of disposal short of charge, such as cautioning or conditional cautioning; A suspect is an "occupier" if, whatever his legal status, he has a degree of control which would enable the exclusion of other people. An occupier offence should be charged when the suspect is the occupier of the premises concerned, or is involved in its management.Supplying, or offering to supply, a psychoactive substance / Possession of psychoactive substance with intent to supply (effective from 1 April 2021) The measure will take effect on, or after, the date that Finance Bill 2021 receives Royal Assent. Current law The suspect must knowingly permit (wilful blindness may be sufficient, but not mere suspicion), or suffer the taking place on those premises, of either the: Currently, Schedule 3 CEMA 1979 allows for goods to be seized and kept on the trader’s premises but does not refer to seizure ‘in situ’ and therefore if seized goods are removed without prior authorisation, no penalty can be issued. This measure is a legislative amendment to Schedule 3 of CEMA to include a civil penalty for where goods, seized in situ, are removed without authorisation. This will align with existing legislation in Schedule 2A, CEMA, and the current penalty for unauthorised removal of ‘detained’ goods in situ. Policy objective

An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence.write to us in English — this will allow us to process your request more efficiently and reduce delays use a service that gives you proof of postage — failure to do so may result in your notice of claim being received outside the legal deadline, which may mean that we’ll not be able to proceed with your challenge

the market value of the goods at the time of seizure and not including any additional compensation (for costs, travel expenses, interest) It should be further noted that ordinarily a participator in the crime of which the defendant is accused should not be called as a prosecution witness without a clear indication from that accomplice that he is willing to give evidence in favour of the Crown ( R v Sinclair, The Times 18 April 1989, CA.). Sentencing ConsiderationsThe combined effect of section 3 of the Misuse of Drugs Act 1971 (“MDA”) and section 170 of the Customs and Excise Management Act 1979 (“CEMA”) is to criminalise the importation or exportation of controlled drugs. The MDA provides for a prohibition; section 170 makes it an offence fraudulently to evade prohibitions on importation or exportation either by knowingly acquiring possession of good (controlled drugs) (section 170(1)) or being knowingly concerned in any way in the evading or attempting to evade the prohibitions (section 170(2)). being any goods permitted to be entered for warehousing. (Please also see EWER. and section 10A in particular).