Customs and Excise Management Act 1979

Sections 50(5), 68(4) and 170(4).

SCHEDULE 1 U.K. Controlled Drugs: Variation of Punishments for Certain Offences under this Act

1 U.K. Section 50(4), 68(3) and 170(3) of this Act shall have effect in a case where the goods in respect of which the offence referred to in that subsection was committed were a Class A drug [F1 , Class B drug or a temporary class drug] as if for the words from shall be liable onwards there were substituted the following words, that is to say—

“shall be liable—

(a) on summary conviction, to a penalty of [F2 the prescribed sum][F2 £20,000] or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both;

[F3 (b) on conviction on indictment—

(i) where the goods were a Class A drug, to a penalty of any amount, or to imprisonment for life, or to both; and

(ii) where they were a Class B drug [F4 or a temporary class drug], to a penalty of any amount, or to imprisonment for a term not exceeding 14 years, or to both.”].

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 21(a)(i); S.I. 2011/2515, art. 3(g)

F2 Words in Sch. 1 para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 2 para. 1(23) (with reg. 5(1))

F3 Sch. 1 para. 1: paragraph set out as para. (b) of ss. 50(4), 68(3) and 170(3) substituted by Controlled Drugs (Penalties) Act 1985 (c. 39, SIF 84), ss. 1(2), 2(2)

F4 Words in Sch. 1 para. 1(b)(ii) inserted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 21(a)(ii); S.I. 2011/2515, art. 3(g)

2 U.K. Section 50(4), 68(3) and 170(3) of this Act shall have effect in a case where the goods in respect of which the offence referred to in that subsection was committed were a Class C drug as if for the words from shall be liable onwards there were substituted the following words, that is to say—

“shall be liable—

(a) on summary conviction F5 , to a penalty of three times the value of the goods or £500, whichever is the greater, or to imprisonment for a term not exceeding 3 months, or to both;

(b)

F6 (c) on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding [F7 14 years ] , or to both.”.

Textual Amendments

F5 Words repealed by S.I. 1980/704 (N.I. 6) Sch. 1 para. 83, Sch. 2

F6 Sch. 1 para. 2: paragraph set out as para. (b) of ss. 50(4), 68(3) and 170(3) repealed by S.I. 1980/704 (N.I. 6) Sch. 1 para. 83, Sch. 2

F7 Words in Sch. 1 para. 2(c) substituted (29.1.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 28 para. 2; S.I. 2004/81, art. 4(1)(2)(k)

3 U.K. In this Schedule Class A drug, Class B drug [F8 , “Class C drug” and “temporary class drug”] have the same meanings as in the M1 Misuse of Drugs Act 1971.

Textual Amendments

F8 Words in Sch. 1 para. 3 substituted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 17 para. 21(b); S.I. 2011/2515, art. 3(g)

Marginal Citations

M1 1971 c. 38.