Section 151 Customs and Excise power of arrest.I1

England and Wales

(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 M1Misuse of Drugs Act 1971 (possession of controlled drugs);F2. . .

(b)

a drug trafficking offence.

F3(c)

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.

F5(6)

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.

Annotations

Textual amendments

F1: Words in s. 151(2) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 45
F2: Word in s. 151(4) repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(3), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))
F3: S. 151(4)(c) inserted (24.2.2003) by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(3); S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))
F4: S. 151(5)(a)(b) substituted (24.3.2003) for words by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(4); S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14 (as amended by S.I. 2003/531, art. 3))
F5: S. 151(6) inserted (24.2.2003) by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(5); S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

Marginal citations

M1: 1971 c. 38.

Commencement

I1: S. 151 partly in force; s. 151 not in force at Royal Assent, see s. 171; s. 151(5) in force at 3.4.1989 by S.I. 1989/264, art. 2, Sch. Pt. II