Misuse of Drugs Act, 1984
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Penalties for offences under Customs Acts relating to controlled drugs. |
7.—(1) Where a person is convicted of an offence to which this section applies, subject to section 8 of this Act, the person shall, in lieu of the penalties specified in the enactments relating to the customs which are for the time being in force, be liable to— | |
(a) where the court is satisfied that the relevant controlled drug was imported by the person for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of the Principal Act which are for the time being in force— | ||
(i) on summary conviction, the penalty specified in paragraph (a) of subsection (3) (inserted by section 6 of this Act) of section 27 of the Principal Act, | ||
(ii) on conviction on indictment, the penalty specified in paragraph (b) of the said subsection (3), | ||
(b) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person imported such drug for his personal use: | ||
(i) in the case of a first offence, | ||
(I) on summary conviction, to a fine not exceeding £300, or | ||
(II) on conviction on indictment, to a fine not exceeding £500, | ||
(ii) in the case of a second offence, | ||
(I) on summary conviction, to a fine not exceeding £400, or | ||
(II) on conviction on indictment, to a fine not exceeding £1,000, | ||
(iii) in the case of a third or subsequent offence, | ||
(I) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or | ||
(II) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment, | ||
(c) in any other case— | ||
(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or | ||
(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding seven years, or to both the fine and the imprisonment. | ||
(2) This section applies to an offence against the Customs Acts in relation to the importation or exportation of a controlled drug. |