http://www.legislation.gov.uk/id/ukpga/1988/33/part/XI

http://www.legislation.gov.uk/ukpga/1988/33/part/XI/crossheading/provisions-relating-to-customs-and-excise/1991-07-01

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

text

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Statute Law Database

2024-01-19

1991-07-01

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part XI Miscellaneous

Provisions relating to Customs and Excise

150 Bail for persons in customs detention.

At the end of section 114(2)(b) of the M1Police and Criminal Evidence Act 1984 there shall be added the words

and
c
that in relation to customs detention (as defined in any order made under this subsection) the Bail Act 1976 shall have effect as if references in it to a constable were references to an officer of Customs and Excise of such grade as may be specified in the order.

I1151 Customs and Excise power of arrest.

1

If—

a

a person—

i

has been released on bail in criminal proceedings for an offence falling within subsection (4) below; and

ii

is under a duty to surrender into customs detention; and

b

an officer of Customs and Excise has reasonable grounds for believing that that person is not likely to surrender to custody,

he may be arrested without warrant by an officer of Customs and Excise.

2

A person arrested in pursuance of subsection (1) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested.

3

In reckoning for the purposes of subsection (2) above any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

4

The offences that fall within this subsection are—

a

an offence against section 5(2) of the M2Misuse of Drugs Act 1971 (possession of controlled drugs); and

b

a drug trafficking offence.

5

In this section and section 152 below “drug trafficking offence” means a drug trafficking offence as defined by section 38(1) of the M3Drug Trafficking Offences Act 1986 other than an offence under section 24 of that Act (assisting another to retain the benefit of drug trafficking).

152 Remands of suspected drug offenders to customs detention.

1

Subject—

a

to subsection (2) below; and

b

to section 4 of the Bail Act 1976,

where—

i

a person is brought before a magistrates’ court on a charge of an offence against section 5(2) of the Misuse of Drugs Act 1971 or a drug trafficking offence; and

ii

the court has power to remand him,

it shall have power, if it considers it appropriate to do so, to remand him to customs detention, that is to say, commit him to the custody of a customs officer for a period not exceeding 192 hours.

2

This section does not apply where a charge is brought against a person under the age of 17.

3

In the application of this section to Northern Ireland, for the words from the beginning of subsection (1) above to “1976" there shall be substituted the words “Subject to subsection (2) below,".

F14

In the application of this section to Northern Ireland, “drug trafficking offence” means a drug trafficking offence as defined by Article 2(2) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (other than offences under Article 29 of that Order (assisting another to retain the benefit of drug trafficking)).