Fined hauliers may submit joint defence
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Eby Guy Sheppard
Operators fighting to overturn 2,000 fines for carrying illegal immigrants are reacting "fairly positively" to the idea of mounting a combined legal challenge, according to a lawyer involved in the case.
But Jane George of Rothera Dowson, which is advising more than 50 people about the issue, says they may not agree to a Group Litigation Order (GLO) on the terms requested by the Home Office which aims to save time and court costs by the move.
"I think we have to consider very carefully the application that has been made (by the Home Office]," she adds. "It is very widely drawn and could be used as a benchmark for everything—that may not be in the interests of the defendants."
She says a GLO will probably be appropriate for dealing with some issues and not others. One point it could decide is whether carrying stowaways should be made a criminal offence—at present the £2,000-a-head payments demanded from hauliers are technically "civil penalties" rather than fines.
"The criminal standard is a higher standard and gives the defendant rights such as being cautioned before being interviewed, having a lawyer present and legal aid being made available," says George.
She points out that civil cases are decided on "a balance of probability", while in criminal cases guilt has to be proved "beyond reasonable doubt', making successful prosecutions harder to achieve.
The earliest date a GLO could be heard is July because two months have been allowed for consultation on the OLD proposal.