Several legislative changes create new circumstances

As of 7 November, the powers of the Swedish Customs Agency and customs officers will be consolidated into a new Act, the Swedish Customs Powers Act (2024:710). Furthermore, customs officers are given new or extended powers in respect of inspection and law enforcement activities. There have also been a few legislative changes affecting the Coast Guard as a result of these changes.

Support for intelligence activities against customs and smuggling offences

The provisions on preliminary investigations, coercive measures, etc. in the Act on Penalties for Smuggling (the Smuggling Act) (2000:1225) will cease to apply as the powers of the Swedish Customs Agency and customs officers are consolidated into a single Act. As the Smuggling Act will no longer regulate any powers, it has been necessary to review the regulation of the powers of the Coast Guard and Coast Guard officers under this Act. The necessary changes have mainly been made through amendments or additions to the Swedish Coast Guard Act. One of the changes is that the Coast Guard is given the opportunity to prevent, deter and detect criminal activities related to customs offences (offences under the Swedish Smuggling Act, the Swedish Customs Act, the Swedish Internal Borders Act and other legislation). This therefore provides us with support for intelligence activities against customs and smuggling offences

The same is applicable to the Swedish Government Act (2008:322) on the powers of the Swedish Customs and Coast Guard to intervene in drunk driving offences (TKBR). This Act will cease to apply as the powers of the Swedish Customs Agency under this Act are transferred to the Swedish Customs Powers Act and the Coast Guard’s powers under the TKBR are transferred to the Swedish Coast Guard Act, insofar as they are not already covered by provisions of the Swedish Coast Guard Act.

Clarification of how a preliminary investigation is initiated

Clarification is also provided in Chapter 23(3) of the Code of Judicial Procedure and Chapter 3(3) of the Swedish Coast Guard Act in respect of how a preliminary investigation is initiated. An addition is now made to the regulation which clarifies that a preliminary investigation can be initiated not only by a formal decision by an authority or a person authorised to make such decisions, but also by an authorised officer, including a Coast Guard officer, making a decision and executing coercive measures (such as arrest, seizure, search of premises or frisking) regulated in Chapters 24–28 of the Code of Judicial Procedure.

Right to frisk during interrogation on Coast Guard premises or on board our vessels

Following an amendment made to Chapter 2(5) of the Swedish Coast Guard Act, if necessary for security reasons, a Coast Guard officer has the right to frisk the person to be interrogated in accordance with the rules set out in Chapter 23 of the Code of Judicial Procedure, even if he or she has been neither detained nor arrested. Only interrogations taking place on Coast Guard premises, on premises made available to the authority such as Swedish Police Authority or Swedish Customs Agency premises, or on board Coast Guard vessels are subject to the option of frisking people who are to be interrogated.