Cuckooing allegations in county lines drugs cases

What is cuckooing? 

Cuckooing refers to drug dealers taking over a vulnerable person’s accommodation, with the purpose of using their flat or house as their local drug dealing base. 

Cuckooing is often linked to the drug trade known as ‘county lines’, the name given to drug dealing networks connecting urban and rural areas across the UK through dedicated mobile phones. 

It may involve playing upon someone’s vulnerability, for example if the person is disabled or struggling with addiction. It could also involve someone being threatened with violence if they do not allow their home to be used for illegal activity. 

New cuckooing legislation – Crime and Policing Bill 

The UK government is set to introduce new legislation aimed at explicitly outlawing child criminal exploitation and cuckooing in the Crime and Policing Bill. 

This would introduce a new separate offence of cuckooing, as the current offences for which someone may be charged do not sufficiently take into account the circumstances of cuckooing, as well as the other offending. 

The bill will make it an offence to exercise control over another person’s dwelling without their consent for the purpose of enabling the dwelling to be used in connection with the commission of specified criminal activity. This new offence would carry a maximum sentence of five years.  

This is designed to capture the types of criminal activity that cuckooing is typically used to facilitate, for example, drugs offences, sexual offences and offensive weapons offences. 

However, it can also be amended when needed, so that the list of specified offences can be added to. The idea behind this is to future-proof this new offence against people who might adapt cuckooing to other criminal allegations. 

Consent and cuckooing 

When this new legislation is introduced, it will detail when a person cannot consent to control of their dwelling.  

This will include if: 

• They are under 18 years old 
• Do not have capacity to give consent 
• Have not been given sufficient information to enable them to make an informed decision 
• Have not given consent freely 
• They have withdrawn their consent.  

The consent of an occupant may not freely be given where it is obtained by coercion, deception or other forms of abusive behaviour.  

How cuckooing may be discovered 

Neighbours may notice and report suspected illegal activity from an address. Friends and family of the victim could also alert the police, however of course the type of people that tend to fall victim to this are often quite isolated and may not have any family or friends involved in their life. 

Cuckooing could be uncovered as part of police investigations and operations into county lines drug offences.  

Instructing Olliers in relation to drugs allegations involving cuckooing 

If you are facing an allegation like this, whether you have been asked to attend for voluntary interview, released under investigation or police bail or been charged with an offence and have a court date please contact us to discuss further.  

We have offices in both Manchester and London, and our specialist team of lawyers can advise and represent you in relation to your case. If you or a family member are facing a drugs allegation, contact us to discuss your case on 0161 834 1515, email us at info@olliers.com or complete the form below.