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 F1. . . .

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);F2. . .

b

a drug trafficking offence.

F3c

a money laundering offence;

5

In this section and section 152 below “drug trafficking offence” means F4any offence which is specified in—

a

paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

b

so far as it relates to that paragraph, paragraph 10 of that Schedule.

F56

In this section “money laundering offence” means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.

152 Remands of suspected drug offenders to F6. . . 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.

F71A

In subsection (1) the power of a magistrates' court to remand a person to customs detention for a period not exceeding 192 hours includes power to commit the person to the custody of a constable to be detained for such a period.

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,".

F84

In the application of this section to Northern Ireland, “drug trafficking offence" meansF9any offence which is specified in—

a

paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

b

so far as it relates to that paragraph, paragraph 10 of that Schedule.