Detention By Customs Officers
Part III of the Act deals with detention and questioning by customs officers. These sections were formerly sections 48 to 50 of the Criminal Justice (Scotland) Act 1987.
Section 24 gives officers of Her Majesty's Revenue and Customs power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person.
Section 25 provides that where a person is detained under section 24, he is entitled to have intimation of his detention and of the place of detention sent to a solicitor and to one other person named by him without delay, and the person is to be informed of this entitlement. Where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, this is to be done with no more delay than is so necessary. Where the detained person is a child (under 16), notification is to be sent to the child's parent, who is entitled to attend.
Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal to the sheriff.
Read more about this topic: Criminal Law (Consolidation) (Scotland) Act 1995, Part III
Famous quotes containing the words detention, customs and/or officers:
“I would like you to understand completely, also emotionally, that I’m a political detainee and will be a political prisoner, that I have nothing now or in the future to be ashamed of in this situation. That, at bottom, I myself have in a certain sense asked for this detention and this sentence, because I’ve always refused to change my opinion, for which I would be willing to give my life and not just remain in prison. That therefore I can only be tranquil and content with myself.”
—Antonio Gramsci (1891–1937)
“Neighboring farmers and visitors at White Sulphur drove out occasionally to watch ‘those funny Scotchmen’ with amused superiority; when one member imported clubs from Scotland, they were held for three weeks by customs officials who could not believe that any game could be played with ‘such elongated blackjacks or implements of murder.’”
—For the State of West Virginia, U.S. public relief program (1935-1943)
“You know, what I very well know, that I bought you. And I know, what perhaps you think I don’t know, you are now selling yourselves to somebody else; and I know, what you do not know, that I am buying another borough. May God’s curse light upon you all: may your houses be as open and common to all Excise Officers as your wifes and daughters were to me, when I stood for your scoundrel corporation.”
—Anthony Henley (d. 1745)