It was not necessary for the Commissioners themselves to authorise by order proceedings for conspiracy to commit a non-summary customs and excise offence, namely to evade the prohibition on importation of a controlled drug. The Criminal Law Act could not be used to reinstate that requirement because just they had not been charged with the substantive offence. The statutory provisions of the Acts, when read together, suggested that such consent would not be required.
Judges:
Pill LJ, Crane J, Sir Charles McCullough
Citations:
Times 05-Apr-2000, Gazette 06-Apr-2000, (2000) Crim LR 571, (2000) 2 CAR 181
Statutes:
Customs and Excise Management Act 1979 170(2)(b) 145(1) 145(6), Criminal Law Act 1977 4(3)
Citing:
Applied – Regina v Whitehead CACD 1982
An order for consent by the Commissioners to allow proceedings was not required where the accused person had already been detained for an offence under the Custom and Excise Acts. Detention for conspiracy to evade the prohibition imposed by the 1971 . .
Lists of cited by and citing cases may be incomplete.
Crime, Customs and Excise
Updated: 09 April 2022; Ref: scu.85347