Criminal

Seizure of cash by customs - statutory prohibition on detaining cash for more than 48 hours unless authorised by justice of peace - no jurisdiction to authorise continued detentionWalsh and another v Customs and Excise Commissioners: DC (Latham LJ and Forbes J): 12 June 2001On 2 December, the defendants, on their way to board a train to Paris, were stopped and screened by security personnel.

A sum of 17,500 was found in their possession.

The defendants gave inherently unlikely and unsatisfactory explanations of the purpose of their visit and by 10.25am the Customs and Excise officials had told both defendants that they were free to leave without the money which would be formally seized.

At 11.30am the money was formally seized and the defendants were informed that customs would make an application for continued detention at 10am on 4 December.

Under section 42(2) of the Drug Trafficking Act 1994 cash seized by virtue of that section was not to be detained for more than 48 hours unless its continued detention was authorised by a justice of the peace.

On 4 December the information was laid at the magistrates' court at 9.55am, the deputy district judge was informed at 10.30am and the application was called at 10.45am.

The deputy district judge found that the time of seizure was 11.30am on 2 December and that the time limit in section 42(2) had been met because the application had been made prior to 10am on 4 December, and at 1.20pm made an order granting authorisation for continued detention.

The defendants appealed.Emma Nott (instructed by Emersons Solicitors) for the defendants.

David Ross (instructed by the Solicitor of Customs and Excise) for customs.Held, allowing the appeal, that the money had been seized at 10.25am; that a justice's authorisation for continued detention had to be given before the end of the 48-hour period following the seizure; and that, accordingly, there had been no existing authorisation for the deputy district judge to extend once the 48-hours period had elapsed.