Criminal Justice Act 1988

151 Customs and Excise power of arrest.E+W

(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 for the petty sessions area in which he was arrested.

(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); and

(b)a drug trafficking offence.

(5)In this section and section 152 below “drug trafficking offence” means a drug trafficking offence as defined by [F1section 1(3) of the Drug Trafficking Act 1994 other than an offence under section 50] of that Act (assisting another to retain the benefit of drug trafficking).

Textual Amendments

F1Words in s. 151(5) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para.22

Commencement Information

I1S. 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

Marginal Citations