Drugs in the Mail

[velmwend]

Hello

Does anybody know the law regards being sent drugs in the mail? What if the package doesn't arrive/is intercepted? Can you still be prosecuted if you haven't received a package physically?

Many thanks

 

[Shambles]

It's illegal to have illegal stuff sent in the mail due to being illegal. If the package doesn't arrive you pretty much just have to say goodbye to whatever it was and whatever you paid for it - caveat emptor and all that. If it's stopped at customs they may send a "love letter" - basically they write to you telling you they have your package and would you like to collect it. Don't collect it. Some places will reship, most probably won't.

As far as I know you can only be prosecuted if it's actually in your possession when mr policeman comes a-knocking. It's always possible somebody just sent something illegal to you without your knowledge or consent - if that weren't the case anybody could mail summat illegal to anybody they don't like and have them prosecuted. Have to be able to prove you are responsible for whatever it is in the package.

 

[knock]

if not received you certainly (ok, not certainly, i'm not a lawyer...) can't be accused of possession or supply. I suppose if the evidence exists you could get done for import. Could also be grounds for a search of your abode. But is probably unusual if you're just a small fry user.

 

[K88ABY]

That's almost impossible to answer. Well you can't be arrested for possession can you. The onlt thing that might happen, is you'd be questioned in relation to an intercepted package. If it's on a larger scale though, it might get tracked. But if you are talking about envelopes and jiffy bags, which I suspect you are, I doubt you have too much to fret about. As for the law regarding - if it's a controlled substance it's obviously going to be illegal isn't it - I don't mean to sound patronising, but if for any reason it didn't arrive - It's the other end that I'd be worried about more than the law.

 

[adam west]

if its just regular shipped mail use someone elses name. i think the main thing to have cayse for concern would be if you were bulk buying illegals and you have paid with credit card or whatever, then you could be in the shit

 

[mickeyfinn79]

Just gotta ounce in the mail............... (cypress hill)

 

[Mailmonkey]

It is illegal to use Royal Mail, or any other courier to convey controlled substances.

 

[knock]

^ but is it the person who sends the substances who's breaking the law, or the recipient (too)?


Here's a useful reference (for England and Wales).

You need only be in "control" of a controlled substance to be deemed in possession. I doubt you're in control of a drug if it's in the post. And CPS guidelines state mere control should not lead to a possession charge.

The case of R v Warner (1969) 2 AC 256 illustrates the following points:

a person should have possession of the substance rather than mere control;
a person cannot be in possession of something of which he is completely unaware;
mistake as to quality is no defence.

 

[Mailmonkey]

Any mail addressed to you is not "yours" until it's in your possession.

It's in the possession of Royal Mail.

I don't think it's in control of either the sender or the recipient while it's in transit. It's in the control of RM.

If you sign for something in your name, and the postie hands it to you, it's in your possession. If a letter or jiffy in your name is delivered to your address, it's in your possession.

If something arrives not in your name, don't open it, as it's not addressed to you...leave it near your front door with "Not At This Address" written on it, it's obviously not meant for you, and you were going to drop it back into a post box next time you go out shopping.

 

[Mailmonkey]

This thread might be reopened, I'm just talking to knock about it.

I'm not sure it needs to be, as the OP has his answers.

 

[knock]

IMO, the OP has his answers and further discussion is probably just speculation. If someone feels differently, let us know in Gibberings or by PM.