The three defendants were stopped on their way to Malaga. Each carried andpound;7,000 or andpound;6,000. Their explanations were not accepted, and the money was seized under the Act. The magistrates ordered it to be returned, and Customs appealed.
Held: It was not proper to aggregate the sums under the Act so as to reach a total greater than andpound;10,000 as required under the section. The magistrates should examine the cash under s 42(1)(a), and then look at what was the consignment. If the cash as a whole was one consignment with one source, then it did not matter how many people were carrying it.
Judges:
Lord Justice Kennedy and Mr Justice Forbes
Citations:
Times 04-Apr-2002
Statutes:
Drug Trafficking Act 1994 42(1)
Jurisdiction:
England and Wales
Customs and Excise, Magistrates
Updated: 27 June 2022; Ref: scu.168120
