Page 290 - Magistrates Conference 2019

BENCHBOOK FOR MAGISTRATES
CHAPTER 12

CUSTOMS

1. INTRODUCTION
Customs law has traditionally provided an important regulatory framework through which

States could enhance trade facilitation, strengthen border control and generate revenue. However,

with the advent of the increase in the importation, exportation and transhipment of illicit drugs,
firearms and cash within the Caribbean region in recent time, the law relating to Customs has

equally become more relevant in the counteraction by States. Given that the majority of customs
offences have traditionally been established as summary offences, the Magistrates’ Court has and

continues to be a significant forum for the determination of these matters.
Throughout the region, States continue to employ various models of United Kingdom

Customs law (either inherited through the pre-independence phase in the region or subsequent

adoption) and, in this regard, decisions from the English Courts are generally highly instructive.
Notwithstanding, the region has also produced its own vibrant jurisprudence on the subject

evidenced, for example, by the celebrated decision in R v. George Barbar (1973) 21 W.I.R 343
(where the Judicial Committee of the Privy Council in Simmonds v. R [1997] 3 L.R.C 501

preferred Barbar over the English Court of Appeal’s decision in Frailey v. Charlton [1920] 1

K.B. 147) and the meticulous approach of the Court in Darren Bhola (C&EO II) v. Canserve
Caribbean Limited and Ors [Mag. App. No. P068 of 2015]. In this regard, given the importance

of Customs law to the region, it is very much expected that the jurisprudence on this subject will
continue to grow as States update Customs law and regional Courts confront the peculiarities of

matters before them.

2. JURISDICTION

Territorial
An interesting feature of Customs law is the wide jurisdiction created for enforcement

purposes. In international law, this jurisdiction is recognised by article 33(1)(a) of the United
Nations Convention on the Law of the Sea, which establishes customs jurisdiction in the

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