Criminal Justice Act 1988

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,”.

(4) The definition of “drug trafficking offence” in section 38(1) of the [1986 c. 32.] Drug Trafficking Offences Act 1986 shall extend to Northern Ireland for the purposes of this section but shall have effect in relation to Northern Ireland as if—

(a) the reference in paragraph (e) to section 1 of the [1977 c. 45.] Criminal Law Act 1977 were a reference to Article 9 of the [S.I. 1983/1120 (N.I. 13).] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983; and

(b) the reference in paragraph (f) to section 1 of the [1981 c. 47.] Criminal Attempts Act 1981 were a reference to Article 3 of that Order.