The Act Commentary on Sections Part 2: Police Powers Relating to Drugs Section 8: extended detention of suspected drug offenders
26.Some drug dealers will swallow drugs, suitably wrapped, upon arrest.
27.This section will allow a court to remand a prisoner to the custody of a police officer where it is suspected that the prisoner has swallowed drugs to conceal evidence and avoid prosecution.
28.Currently the police may detain a person in police detention under the Police and Criminal Evidence Act 1984 for a maximum of 96 hours prior to charge. This is not necessarily a sufficient period of time for swallowed evidence to be recovered.
29.Section 152 of the Criminal Justice Act 1988, permits a magistrates’ court to commit a person charged with an offence under section 5(2) of the Misuse of Drugs Act 1971 (possession of a controlled drug) or a drug trafficking offence into the custody of a Customs officer for a period of up to 192 hours to increase the likelihood of the evidence being recovered.
30.This section amends section 152 of the Criminal Justice Act 1998 to give magistrates similar powers to remand a person, upon charge, to the custody of a police officer, for a period of up to 192 hours.