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Part XIU.K. Miscellaneous

Provisions relating to Customs and ExciseE+W+N.I.

152 Remands of suspected drug offenders to customs detention.E+W+N.I.

(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,".

[F1(4)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)).]

Textual Amendments