Part VIII
Officers’ powers. 115. Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.
Powers to stop and search. 116.—(1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.
(2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).
(3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to—
- (a) imprisonment for a term not exceeding six months,
- (b) a fine not exceeding level 5 on the standard scale, or
- (c) both.
Consent to prosecution. 117.—(1) This section applies to an offence under any provision of this Act other than an offence under—
- (a) section 36,
- (b) section 51,
- (c) paragraph 18 of Schedule 7,
- (d) paragraph 12 of Schedule 12, or
- (e) Schedule 13.
(2) Proceedings for an offence to which this section applies—
- (a) shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and
- (b) shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
(3) Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom—
- (a) subsection (2) shall not apply, and
- (b) proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.
Defences. 118.—(1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.
(2) If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(3) Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court—