Part IIIS[F1Investigation of Revenue and Customs offences]

Textual Amendments

F1Pt. 3 heading substituted (1.12.2007) by virtue of Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 2, 14; S.I. 2007/3166, art. 3

[F2Detention and questioning of suspects and witnessesS

Textual Amendments

F2Ss. 23A-23P and cross-headings inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 3, 14; S.I. 2007/3166, art. 3

23MPowers relating to suspects and potential witnessesS

(1)Where an authorised officer has reasonable grounds for suspecting that a person has committed or is committing, at any place, a Revenue and Customs offence, the officer may require—

(a)that person, if found by the officer at that place or at any place where the officer is entitled to be, to give—

(i)the information mentioned in subsection (2) below; and

(ii)an explanation of the circumstances which have given rise to the officer's suspicion;

(b)any other person whom the officer finds at that place or at any place where the officer is entitled to be and who the officer believes has information relating to the offence, to give the information mentioned in subsection (2) below.

(2)That information is—

(a)the person's name;

(b)the person's address;

(c)the person's date of birth;

(d)the person's place of birth (in such detail as the officer considers necessary or expedient for the purpose of establishing that person's identity); and

(e)the person's nationality.

(3)The officer may require the person mentioned in paragraph (a) of subsection (1) above to remain with the officer while the officer (any or all)—

(a)subject to subsection (4) below, verifies any information mentioned in subsection (2) above given by the person;

(b)subject to section (5) below, establishes whether the person may be a person suspected of having committed a Revenue and Customs offence other than the offence in relation to which the officer made the requirement of that person under paragraph (a) of subsection (1) above;

(c)notes any explanation proffered by the person.

(4)The officer shall exercise the power under paragraph (a) of subsection (3) above only where it appears to the officer that such verification can be obtained quickly.

(5)The officer shall exercise the power under paragraph (b) of subsection (3) above only where—

(a)the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and

(b)it appears to the officer that establishing the matter mentioned in paragraph (b) of subsection (3) above can be achieved quickly.

(6)The officer may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with that officer.

(7)The officer shall inform a person, when making a requirement of that person under—

(a)paragraph (a) of subsection (1) above, of the officer's suspicion and of the general nature of the offence which the officer suspects that the person has committed or is committing;

(b)paragraph (b) of subsection (1) above, of the officer's suspicion, of the general nature of the offence which the officer suspects has been or is being committed and that the reason for the requirement is that the officer believes the person has information relating to the offence;

(c)subsection (3) above, why the person is being required to remain with the officer;

(d)any of the said subsections, that failure to comply with the requirement may constitute an offence.

23NFingerprinting of persons suspected of offencesS

(1)An authorised officer may, if the person mentioned in section 23M(1)(a) of this Act gives a name and address, require that person to provide—

(a)that person's fingerprints; or

(b)a record, created by an approved device, of the skin on that person's fingers.

(2)Such fingerprints or record may be used only for the purposes of—

(a)verifying the name and address given by the person;

(b)establishing whether the person may be a person who is suspected of having committed any other Revenue and Customs offence,

and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.

(3)The officer shall inform a person, when making a requirement of that person under subsection (1) above—

(a)of the existence of the power to make the requirement and why the officer proposes to exercise it in the person's case; and

(b)that failure to comply with the requirement may constitute an offence.

(4)In subsection (1)(b) above, an “approved device” is any device approved by the Scottish Ministers under section 13(8) of the Criminal Procedure (Scotland) Act 1995.

23POffences arising from breach of requirements under sections 23M and 23NS

(1)A person mentioned in paragraph (a) of subsection (1) of section 23M of this Act who, having been required—

(a)under that subsection to give the information mentioned in subsection (2) of that section;

(b)under subsection (3) of that section to remain with an officer; or

(c)under subsection (1) of section 23N of this Act to provide that person's fingerprints or a record such as is mentioned in paragraph (b) of that subsection,

fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)A person mentioned in paragraph (b) of subsection (1) of section 23M of this Act who, having been required under that subsection to give the information mentioned in subsection (2) of that section, fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Textual Amendments

F624[F4Detention and questioning ][F5: Revenue and Customs, immigration and nationality offences] S

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Textual Amendments

F4S. 24: heading substituted (1.12.2007) by virtue of Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 4(f), 14; S.I. 2007/3166, art. 3

F624A.Extension of period of detention under section 24S

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Textual Amendments

F624BExtension under section 24A: procedureS

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Textual Amendments

F625 Right to have someone informed when detained.S

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Textual Amendments

F625A.Right of suspects to have access to a solicitorS

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Textual Amendments

X126Detention in connection with certain drug smuggling offences.S

(1)Where an officer has reasonable grounds for suspecting—

(a)that a person has committed or is committing a relevant offence; and

(b)that, in connection with the commission of such an offence, a controlled drug is secreted in the person’s body,

a superior officer may, notwithstanding that the person has been or is being detained in pursuance of any other enactment or subordinate instrument, authorise the detention of the person at a [F7an office of Revenue and Customs] or other premises in accordance with this section.

(2)Subject to subsection (7) below, where a person is detained under subsection (1) above or is further detained in pursuance of a warrant under subsection (4) below he shall—

(a)provide such specimens of blood or urine for analysis;

(b)submit to such intimate searches, to be carried out by a registered medical practitioner;

(c)submit to such other test or examinations prescribed by the Secretary of State by regulations made under this paragraph to be carried out by, or under the supervision of, a registered medical practitioner,

as the officer may reasonably require; and regulations under paragraph (c) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subject to subsection (4) below, detention under subsection (1) above shall be terminated not more than 24 hours after it begins, or (if earlier)—

(a)when the person is arrested;

(b)when he is detained in pursuance of any other enactment or subordinate instrument; or

(c)where there are no longer such grounds as are mentioned in subsection (1),

and, when a person has been detained under subsection (1), he shall, unless further detained in pursuance of a warrant under subsection (4) below, be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.

(4)Where a person is detained under subsection (1) above and either—

(a)he has failed or refused—

(i)to provide a specimen in pursuance of paragraph (a) of subsection (2) above; or

(ii)to submit to any search, test or examination referred to in paragraph (b) or (c) of that subsection; or

(b)as a result of anything done in pursuance of the said subsection (2) the officer continues to have reasonable grounds for suspecting—

(i)that the person has committed or is committing a relevant offence; and

(ii)that a controlled drug is secreted in the person’s body,

the procurator fiscal may, at the request of a superior officer, apply to the sheriff for a warrant for the further detention of the person at a [F7an office of Revenue and Customs] or other premises for an additional period of not more than 7 days; and if the sheriff is satisfied that there has been such failure or refusal as is mentioned in paragraph (a) above or, as the case may be, that there are reasonable grounds as mentioned in paragraph (b) above he may grant a warrant for such further detention.

(5)Detention in pursuance of a warrant under subsection (4) above shall be terminated at the end of the period of 7 days mentioned in that subsection or (if earlier)—

(a)when the person is arrested;

(b)when he is detained in pursuance of any other enactment or subordinate instrument; or

(c)where there are no longer such grounds as are mentioned in paragraph (b) of that subsection,

and when a person has been detained in pursuance of a warrant under subsection (4), he shall be informed immediately on the termination of his detention in accordance with this subsection that his detention has been terminated.

(6)Subject to subsection (7) below, the question whether it is to be a specimen of blood or a specimen of urine which is to be provided in pursuance of subsection (2) above shall be decided by the officer making the requirement.

(7)A person may be required, in pursuance of subsection (2) above—

(a)to provide a specimen of blood; or

(b)to submit to any search, test or examination,

only if a registered medical practitioner is of the opinion that there are no medical reasons for not making such a requirement; and, if a requirement to provide a specimen of blood is made, the specimen may be taken only by a registered medical practitioner.

[F8(7A)An officer may use reasonable force in exercising any power conferred by this section, except as regards a requirement under subsection (2).

(7B)Sections 3 and 6(1), (2) and (8) of the Criminal Justice (Scotland) Act 2016 (giving and recording of information) apply in relation to a person detained by an officer under this section in connection with the commission of a relevant offence as they apply in relation to a person arrested by the officer in respect of that offence.

(7C)Sections 31 to 34 and 38 to 44 of that Act (questioning, and intimation and access to others) apply in relation to a person detained under this section in connection with the commission of a relevant offence as they apply in relation to a person in custody following arrest by an officer in respect of that offence.

(7D)A person may not be detained under this section on any grounds if the person has been detained under this section before on the same grounds or on grounds arising out of the same circumstances.]

(11)In this section—

  • “controlled drug” has the meaning assigned by section 2 of the M1Misuse of Drugs Act 1971

  • “intimate search” means a search which consists of the physical examination of a persons’s body orifices;

  • “relevant offence” means an offence involving a controlled drug under any of the following provisions of the M2Customs and Excise Management Act 1979—

    (a)

    section 50(2) or (3) (importation etc. of prohibited goods);

    (b)

    section 68(2) (exportation etc. of prohibited goods);

    (c)

    section 170(1) (possession or dealing with prohibited goods);

    (d)

    section 170(2) (being concerned in evasion or attempt at evasion of a prohibition);

  • [F9“superior officer” means an officer whose title is specified for the purposes of this section by the Treasury in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Editorial Information

X1The insertion of the new heading "Detention and questioning of suspects and witnesses" in Pt. III on 1.12.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F7Words in s. 26 substituted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 6, 14; S.I. 2007/3166, art. 3

F9Definition in s. 26(11) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 18(7); S.I. 1997/1712, art. 3, Sch.

Marginal Citations