Customs win court battle over seized contraband
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Customs has won a legal battle against cross-Channel "booze cruisers" who bring in large quantities of alcohol and tobacco to sell in Britain.
The Court of Appeal cleared the way yesterday for Customs and Excise to dispose of contraband goods and vehicles they seized earlier this year. The appeal in London followed a High Court judgment in July that in effect outlawed random checks.
The High Court ruled that because Customs had failed to keep a record of why they were stopping and searching vehicles, the seizure of goods was unlawful. This led to the prospect of hundreds of suspected smugglers having their vehicles and illicit goods returned to them.
But three Appeal Court judges decided that although Customs had broken the rules in stopping and searching suspects, the goods were illegal.
The High Court victory was won by the cross-Channel operator Hoverspeed and a group of day trippers. The regulations have been changed since the July ruling, with people now allowed to bring home larger quantities of tobacco up from 800 to 3,200 cigarettes in addition to their alcohol quota. The onus is now on the Customs to prove illegality. Customs officers now also keep a record of their reasons for a vehicle check.
John Healey, the Customs minister, said the ruling confirmed that "our Customs regime is lawful, fair and reasonable".