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.
Lord Justice Kennedy and Mr Justice Forbes
England and Wales
Customs and Excise, Magistrates
Updated: 27 June 2022; Ref: scu.168120