Border Force clandestine entrant civil penalty lawyers

What is the UK Border Force Clandestine Entrant Civil Penalty Scheme?

The Clandestine Entrant Civil Penalty Scheme is a border security and enforcement scheme operated by the UK Border Force. The purpose of the scheme is to ensure that transport companies have adequate vehicle security measures in place to prevent clandestine entrants (Illegal immigrants) from gaining access to goods vehicles and trailers and being transported to the UK.

Under the scheme a transport company can receive a fine in one of two circumstances:

• their truck or other vehicle is found to be carrying clandestine entrants, or
• the vehicle is not carrying clandestine entrants but has not been adequately secured

These are civil and not criminal penalties and so fines can be issued even when a driver and haulier had no knowledge that clandestine entrants were being carried.

How large are these civil penalties?

A transport company found to be carrying clandestine entrants in a vehicle can face a fine of up to £10,000 for each illegal immigrant. The same level of penalty can also separately be issued to the driver of the vehicle. The transport company as the driver’s employer remains jointly and severally liable for the driver’s penalty.

This means that a haulier found to be inadvertently transporting 10 clandestine entrants in a company vehicle or trailer can be liable for total fines of up to £200,000.

Separately, hauliers and drivers can incur a fine if they are found to have failed to adequately secure their vehicle in line with the Border Force codes of practice. These fines can be issued even if no clandestine entrants are being carried.

Penalties for failing to secure a vehicle in these circumstances can be up to £6,000 each for both the company and driver, meaning transport companies can be liable for total fines of up to £12,000.

The UK Border Force will robustly pursue any unpaid penalties. Transport companies who fail to pay can have their vehicles and assets seized in the UK.

Defences and the appeals process

In certain circumstances, transport companies and drivers who are found to be transporting illegal immigrants may be able to secure a significant cancellation or reduction in these penalties. The UK Border Force will take into account such matters as:

• whether the driver was acting under duress
• any financial circumstances or hardship
• whether this is the company’s first penalty
• whether the company is a member of the civil penalty accreditation scheme
• any other relevant matters

The UK Border Force also retains a discretion not to impose a penalty at all.

A two-stage appeals process is usually followed. The first stage is by way of a written Notice of Objection to the UK Border Force. There is also a right of appeal to the County Court in the UK. Very strict time limits apply to these appeals and so early legal advice is essential.

Civil penalty accreditation scheme

The Border Force operate a Clandestine Entrant Accreditation Scheme which transport companies can apply to join if they can show that they have effective security measures in place. Membership of the scheme can result in a significant reduction to any penalty.

How we can help

Our transport lawyers have years of experience helping UK and European transport companies with clandestine entrant civil penalties.

Avoiding a penalty

We can help you to put in place effective systems and procedures to reduce the risk of a penalty being incurred, including:

• reviewing your systems and advising on whether these are compliant with the UK Border Force codes of practice
• helping you to gain accreditation with the UK Border Force Clandestine Entrant Accreditation Scheme

Challenging a penalty

If you have been issued with a civil penalty we can:

• review the allegations, advise you on their merits and work with you to prepare detailed Notices of Objection
• assist you with any financial hardship application

• represent you in any appeal to the County Court

Our lawyers have an excellent track record of successfully challenging penalties of this kind. We also have wide experience in advising transport companies on a range of other services including:

• establishment in the UK
• reclaiming impounded or seized vehicles
• representing drivers arrested for transport offences