The Customs And Excise Management Act Flashcards
CEMA 1979
S. 27
Officers Powers of Boarding
Any person engaged in the prevention of smuggling may board a ship/vessel whatsoever or aircraft in an aerodrome.
Whether vessel is entering or leaving, port, airport, shed, warehouse.
ON LAND ADJACENT TO THE PORT AND OCCUPIED WHOLLY OR MAINLY FOR ACTIVITIES CARRIED OUT ON THE PORT
Commissioner of port may designate approved wharfs.
CEMA 1979
S. 28
An IO can search any part of any ship or vessel in a port or aerodrome.
Can mark, lock up or seal goods.
Can break open any place or container which is locked and the keys are withheld.
CEMA 1979
S. 33
Power to inspect Aircraft, Aerodromes, Records etc.
Inspect all aircraft and goods
Person in control of the aerodrome must:
allow access to all buildings and goods.
Keep a record in such a manner as the Commissioners may approve all aircraft arriving and departing.
Produce that record on demand together with all other documents.
Permit copies to be made.
Level 4 penalty for non compliance.
CEMA 1979
S. 34
Power to prevent flight of aircraft
If it appears that the aircraft is intended or likely to depart for a destination OUTSIDE THE UK.
Customs and Excise airport - before outward clearance is given.
Everywhere else - at any time.
3 months imprisonment for violation of flight prevention order. Penalty level 4.
CEMA 1979
S. 141
Forfeiture of ships used in connection with goods liable to forfeiture.
Any ship, aircraft, animal, container and tackle, furniture and apparel thereof shall be liable to forfeiture. Also anything the thing was packed, mixed, or concealed by is liable.
Ship under 100 tonnes, aircraft or hovercraft.
Owner/master and commander can be fined up to £20k.
CEMA
S. 161A
Power to search premises: Search Warrant
JOP issues Warrant if an officer has reasonable grounds to SUSPECT that there are items liable to forfeiture on the premises.
Can enter premises any time, day or night.
Use of force is permitted to enter premises and containers.
Non constables can’t exercise the power of entry by night.
CEMA 1979
S.163
Power to search vehicles or vessels.
RGS that the vehicle is carrying goods upon which the duty has not been paid, are being unlawfully removed or are otherwise liable to forfeiture.
Level three penalty if as the driver you refuse to stop.
Can’t stop and search an aircraft that’s airborne.
CEMA 1979
S 163A
Power to search - Articles
RGS that suspect has with him, or at the place where he is, articles to which this section applies.
Power to detain the suspect for as long as it takes to perform the search.
Applies to liquor or tobacco products.
CEMA 1979
S. 164
Power to Search Persons
RGS that the suspect is carrying any article on which duty has not been paid or is subject to any law or restriction.
The officer may detain him as long as is necessary to exercise the powers given.
Search - rub down, strip or intimate.
Strip/rub down - same sex.
Intimate - specially trained person.
Applies: UK - not Isle of Man.
CEMA 1979
S.170
Penalty for Fraudulent Evasion of Duty.
Avoiding paying import on duty literally anything.
6 months/fine
Fine amounting to three times the prescribed goods.
CEMA 1979
S. 138
Provisions as to arrest of persons
Any person who has committed or there is RGS the they have committed may be arrested by any COMMISSIONED officer, look it up.
Coastguard or member of the armed forces up to 20 years after the commission of the offence.
CEMA 1979
S. 139
Provisions as to detention, seizure and condemnation of goods.
Any item liable to forfeiture can be seized by any IO, Constable, Armed forced or coastguard.
The owner shall deliver that item to an officer.
The item shall be retained until all related proceedings are complete.
