Thirteen people found inside an HGV
09 June 2023
On Thursday 25 may 2023, thirteen people were found inside an HGV on the Ransomes Industrial Estate, Ipswich, Suffolk Police have confirmed. They are suspected of entering the UK illegally. It is understood that three people have been arrested on suspicion of immigration act offences and taken to Martlesham Police Investigation Centre. One of these was the driver.
Fines
We reported back in January that in addition to the difficult humanitarian challenges surrounding this area, clandestine entrants can be a huge issue for international operators. If just one clandestine entrant is found on a vehicle, both the operator and the driver can each be fined up to £10,000 for each clandestine entrant carried. This is regardless of whether the operator/driver knew that they were on the vehicle. As the fine is per clandestine entrant, if more than one is found, the fines can quickly add up.
Civil Penalty Accreditation Scheme
If an operator can show that they had an effective system in place for the prevention of clandestine entrants, and this system was properly operated on the occasion in question, then the operator may be able to avoid the penalty.
Border Force have a Civil Penalty Accreditation Scheme (‘the Scheme’) for operators that are able to demonstrate that they have an effective system in place for preventing clandestine entrants. If a member of the Scheme is found with clandestine entrants on its vehicles, the member may avoid a fine, provided that it can be shown that they were operating in accordance with the effective systems they have adopted.
Assistance
Backhouse Jones frequently deal with operators that have incurred penalties as a result of clandestine entrants being found on their vehicles. Even with the dip in international travel caused by the pandemic and the uncertainty of Brexit it is clear that clandestine entrants are still considered an issue. There has been no indication given that the Scheme will be removed. Backhouse Jones offer a package to help operators to become accredited. Becoming accredited will not only assist operators in reducing the potential for clandestine entrants to be found on a vehicle but also increase the protection for drivers operating the vehicles cross borders. In the event that clandestine entrants are found on their vehicles whilst operating within the accredited scheme, the exposure to potential fines being imposed by Border Force is substantially reduced.
As part of the package, Backhouse Jones will review the operator’s current systems to prevent clandestine entrants, offer guidance on how to improve these systems to the standard expected by Border Force and help operators to complete the application form to become accredited.
Should you wish to find out more, please contact one of our Dispute Resolution team on 01254 828 300 or disputeresolution@backhouses.co.uk. You can find out more about the team here. More details on the Scheme are here.
