haydude
Well-Known Member
Given that to board a vessel the UKBA should have reasonable grounds to suspect ...
If I carry an AIS transponder and my trace testifies that I am just doing coastal sailing and I have never left UK waters, would the reasonable suspicion still stand?
"163 Power to search vehicles or vessels .
(1)Without prejudice to any other power conferred by the Customs and Excise Acts 1979, where there are reasonable grounds to suspect that any vehicle or vessel is or may be carrying any goods which are—.
(a)chargeable with any duty which has not been paid or secured; or.
(b)in the course of being unlawfully removed from or to any place; or.
(c)otherwise liable to forfeiture under the customs and excise Acts,.
any officer or constable or member of Her Majesty’s armed forces or coastguard may stop and search that vehicle or vessel.
(2)If when so required by any such officer, constable or member the person in charge of any such vehicle or vessel refuses to stop or to permit the vehicle or vessel to be searched, he shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale]."
If I carry an AIS transponder and my trace testifies that I am just doing coastal sailing and I have never left UK waters, would the reasonable suspicion still stand?
"163 Power to search vehicles or vessels .
(1)Without prejudice to any other power conferred by the Customs and Excise Acts 1979, where there are reasonable grounds to suspect that any vehicle or vessel is or may be carrying any goods which are—.
(a)chargeable with any duty which has not been paid or secured; or.
(b)in the course of being unlawfully removed from or to any place; or.
(c)otherwise liable to forfeiture under the customs and excise Acts,.
any officer or constable or member of Her Majesty’s armed forces or coastguard may stop and search that vehicle or vessel.
(2)If when so required by any such officer, constable or member the person in charge of any such vehicle or vessel refuses to stop or to permit the vehicle or vessel to be searched, he shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale]."