Part XIIU.K. General and Miscellaneous

General powers, etc.U.K.

[F1163A Power to search articles.U.K.

(1)Without prejudice to any other power conferred by the Customs and Excise Acts 1979, where there are reasonable grounds to suspect that a person in the United Kingdom (referred to in this section as “the suspect”) has with him, or at the place where he is, any goods to which this section applies, an officer may—

(a)require the suspect to permit a search of any article that he has with him or at that place, and

(b)if the suspect is not under arrest, detain him (and any such article) for so long as may be necessary to carry out the search.

(2)The goods to which this section applies are [F2alcoholic products], or tobacco products, which are—

(a)chargeable with any duty of excise, and

(b)liable to forfeiture under the customs and excise Acts.

(3)Notwithstanding anything in subsection (4) of section 24 of the M1Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), detention of the suspect under subsection (1) above shall not prevent his subsequent detention under subsection (1) of that section.]

Textual Amendments

F1S. 163A inserted (28.7.2000) by 2000 c. 17, s. 26

F2Words in s. 163A(2) substituted (1.8.2023) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 5; S.I. 2023/884, reg. 2(1)(j) (with reg. 10)

Modifications etc. (not altering text)

Marginal Citations