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Point in time view as at 31/12/2020. This version of this provision has been superseded.
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Customs and Excise Management Act 1979, Section 145 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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145 Institution of proceedings. U.K.
(1)Subject to the following provisions of this section, no proceedings for an offence under the customs and excise Acts or for condemnation under Schedule 3 to this Act shall be instituted [except— .
(a)by or with the consent of [the Director of Public Prosecutions], or
(b)by order of, or with the consent of, the Commissioners for Her Majesty’s Revenue and Customs.]
(2)Subject to the following provisions of this section, any proceedings under the customs and excise Acts instituted [by order of the Commissioners] in a magistrates’ court, and any such proceedings instituted [by order of the Commissioners] in a court of summary jurisdiction in Northern Ireland, shall be commenced in the name of an officer [ of Revenue and Customs] .
(3)Subsections (1) and (2) above shall not apply to proceedings on indictment in Scotland.
(4)[In the case of the death, removal, discharge or absence of the officer in whose name any proceedings were commenced under subsection (2) above, those proceedings may be continued by any officer authorised in that behalf by the Commissioners.]
(5)Nothing in the foregoing provisions of this section shall prevent the institution of proceedings for an offence under the customs and excise Acts by order and in the name of a law officer of the Crown in any case in which he thinks it proper that proceedings should be so instituted.
(6)Notwithstanding anything in the foregoing provisions of this section, where any person has been detained for any offence for which he is liable to be detained under the customs and excise Acts, any court before which he is brought may proceed to deal with the case although the proceedings have not been instituted [ in accordance with this section. ] .
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