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| Wednesday, 31 July, 2002, 20:56 GMT 21:56 UK Channel shoppers win Customs battle ![]() 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.
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".
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.
"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. |
See also: 31 Jul 02 | UK 26 Mar 02 | England 31 Jan 02 | England 19 Dec 01 | UK 31 Jul 02 | Business Internet links: The BBC is not responsible for the content of external internet sites Top UK stories now: Links to more UK stories are at the foot of the page. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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