Page:Psychoactive Substances Act 2016.pdf/28

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Psychoactive Substances Act 2016 (c. 2)
23

(a) an individual against whom a prohibition order is sought reaches the age of 18 while proceedings before a youth court for the making of the order are ongoing;
(b) an individual against whom a prohibition order has been made reaches the age of 18 while proceedings before a youth court for the variation or discharge of the order are ongoing;
(c) an individual against whom a prohibition order imposing an access prohibition has been made reaches the age of 18 while proceedings before a youth court under section 24 are ongoing.

(2) Rules of court may provide for the transfer of the proceedings from the youth court to—

(a) in England and Wales, a magistrates’ court;
(b) in Northern Ireland, a court of summary jurisdiction.

(3) Rules of court may prescribe circumstances in which the proceedings may or must remain in the youth court.

Powers of entry, search and seizure

36Power to stop and search persons

(1) This section applies where a police or customs officer has reasonable grounds to suspect that a person has committed, or is likely to commit, an offence under any of sections 4 to 9 or section 26.

(2) The officer may—

(a) search the person for relevant evidence, and
(b) stop and detain the person for the purposes of the search.

(3) The powers conferred by this section may be exercised in any place to which the officer lawfully has access (whether or not it is a place to which the public has access).

(4) In this Act—

“police or customs officer” means—
(a) a constable,
(b) a general customs official, or
(c) a designated NCA officer authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a police or customs officer under this Act;
“relevant evidence” means evidence that an offence has been committed under any of sections 4 to 9 or section 26.

37Power to enter and search vehicles

(1) This section applies where—

(a) a police or customs officer has reasonable grounds to suspect that there is relevant evidence in a vehicle, and
(b) the vehicle is not a dwelling.

(2) The officer may at any time—

(a) enter the vehicle and search it for relevant evidence;