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Wednesday, 31 July, 2002, 20:56 GMT 21:56 UK
Channel shoppers win Customs battle
A man carrying a box of alcohol
Customs had been "over-zealous", Hoverspeed claimed
A group of Channel shoppers have won a landmark case over the way customs officials stop and search people bringing tobacco and alcohol into the UK.

The High Court case was brought by cross-Channel operator Hoverspeed and a group of daytrippers who had had their goods seized and car impounded following a random stop.

Lord Justice Brooke and Mr Justice Bell ruled that Customs' methods of operating were "incompatible" with EU law.

They said Customs had not proved it had "reasonable grounds" for stopping the car, so "the goods in it should therefore not have been seized. Nor should the car."

But Customs said its policies would not change, and made it very clear that the ruling was not a "green light" for travellers to bring back as much alcohol or cigarettes as they wanted.

Tactics unchanged

Legally, travellers are allowed to bring back unlimited amounts of alcohol and cigarettes as long as it is for personal use.

What can I bring in?
As much as you like for your own personal use
But Customs may stop anyone carrying more than a "minimum indicative level" of:
800 cigarettes
90 litres of wine
10 litres of spirits
110 litres of beer
20 litres of fortified wine
The issue at stake is the way in which Customs choose which vehicles to check - and how people then prove whether their goods are for personal use.

BBC home affairs correspondent Andy Tighe, at the High Court, said at the moment, Customs officers work on "generalised trend intelligence" - whereas in future they must have specific reasons or justifications for stopping a particular vehicle.

"It won't be as easy I suspect for Customs and Excise officers to pick off vehicles as they emerge from cross-Channel ferries."

Some of the daytrippers involved in the case were Alan and Pauline Andrews, of Widnes, Cheshire, and their friend George Wilkinson, from Runcorn.

Appeal expected

Their car - borrowed from a relative - was stopped on its return to the UK "without any explanation or justification".

Passenger Mr Wilkinson had:
10,200 cigarettes
8kg tobacco
Two bottles of wine
Mr Wilkinson failed to persuade officials that his 10,200 cigarettes, eight kilos of tobacco and two bottles of wine were for his own use, and customs seized all his goods and the car.

The judges ordered that these should be returned within seven days - or compensation paid if they have been destroyed.

But Customs said the ruling broadly upheld its policies, and there would be no change in the way its officers acted.

"The fundamentals of our policy have been vindicated," a spokeswoman told BBC News Online.

The chances of being stopped
15m arrive through Channel ports each year
About 3% (450,000) stopped
0.2% (30,000) 'cannot satisfy' Customs
10,000 vehicles a year impounded
Source: Customs and Excise
"The judgement does not criticise Customs, it found that the number of people stopped and vehicles impounded was generally proportionate.

"We will continue to tackle smuggling and to check people are not smuggling."

The spokeswoman added that Customs would, however, be reviewing their policies in the light of some technical legal points such as the legal burden of proof on the person stopped.

John Healy, Economic Secretary to the Treasury, said the court had backed the "fundamentals" of the UK policy but some points would probably be appealed.

 WATCH/LISTEN
 ON THIS STORY
The BBC's Daniel Sandford
"Customs have been clamping down hard on the smugglers"
Steve Laurence of Hoverspeed
"We are obviously delighted"
Economic Secretary to the Treasury John Healey
"The judgement backs the basics of the system"
See also:

31 Jan 02 | England
31 Jul 02 | Business
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