Supposing....

[Skreecheeboy]

Supposing I am at a music festival and I suss that these undercover cops are trying to entrap me into selling them drugs of some sort. If I then offer to sell them a wrap of something which isn't drugs, say it's icing suger or something, could I then be charged for anything, bearing in mind that I haven't broken any laws?

[Ethel]

Unlicensed trading, perhaps.

[zebra]

They could argue that you had sold it totally believing it was a wrap of drugs. The intent was there.

[Buenchico]

If you were to simply say "Would you like to buy some icing sugar/" (without any 'knowing winks' to suggest that it's really something else) you'd not be committing any offence. (However, you could probably still be ejected from the festival because it would probably be a condition of your ticket that you didn't attempt to carry on any form of trade on the site).

If you were to offer drugs to anyone (irrespective of whether they were police officers) and only supply them with icing sugar, you'd be guilty of 'fraud by false representation' under Section 2 of the Fraud Act 2006.

Further, if did so with the intent of 'winding up' people you'd identified as police officers, you be guilty of 'wasting police time' under Section 5(2) of the Criminal Law Act 1967.

Chris

[zebra]

But Buenchico, what about a complete muppett who thought he would sell some gear as exactly that, thinking full well it was drugs but HIS dealer had stitched him up.

Then surely its a bit more serious than just Fraud, its not like he is selling fake designer jeans?

[Skreecheeboy]

You all make valid points guys, I don't really think they could pin wasting police time on a person for doing that however as I reckon you could probably have them for harrassment, hadn't considered fraud though, unless I just admitted it to be icing sugar straight away if they nicked me, mind you I know of folk being approached to buy weed off people in the street and been sold nettles, happened to a relative last year so it's quite good to know that there are laws protecting against that sort of stuff.

[Buenchico]

Zebra, what you call 'just' fraud is actually a very serious offence.

However, if someone was to try to sell what he believed to be genuine drugs (even though it was only icing sugar), then he'd fall foul of the Criminal Attempts Act 1981.

Chris

[zebra]

Buenchico, thank you, I wasn't trying make light of fraud, your next charge was what I was trying to convey, without criminal or legal knowledge. cheers!

[loonytunes]

Theft Act - Going equipped offence. Where someone, when not at their place of abode has with them any article for use in burglary theft or cheat, they commit an offence. Having icing suger and pretending its drugs when you sell it comes within this category.

[north star]

Interesting, so you can be arrested for knowingly or unknowingly selling a fake illegal drug.

Chris, doesn't the illegality of the drug make any difference??