1B Customs and Excise prosecutions

1

Proceedings for a biological weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved—

a

the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above;

b

the movement of any such thing into or out of any country or territory;

c

any proposal or attempt to do anything falling within paragraph (a) or (b) above.

2

In this section “biological weapons offence” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

3

Any proceedings for an offence which are instituted under subsection (1) above shall be commenced in the name of an officer, but may be continued by another officer.

4

Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—

a

whether there are grounds for believing that a biological weapons offence has been committed, or

b

whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

5

Nothing in this section affects any power of any person (including any officer) apart from this section.

6

In this section “officer” means a person commissioned by the Commissioners of Customs and Excise.

7

This section does not apply to the institution of proceedings in Scotland.