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Custom and pradice

29th January 2004
Page 18
Page 18, 29th January 2004 — Custom and pradice
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Which of the following most accurately describes the problem?

The Customs and Excise Prosecution Office is being set up to revamp the way Customs mounts prosecutions. Will this independent body

protect innocent operators? Jennifer Ball investigates.

The collapse of a number of high-profile Customs trials including the London City Bond warehouse prosecution in 2002, when over 50 defendants had their convictions quashed. has led to a review of the prosecution procedure. The man who led the review, Judge Butterfield finally concluded that Customs should have an independent prosecutor: as a result the Attorney General Lord Goldsmith has announced the creation of an independent Customs and Excise Prosecution Office (CEPO).

The new department is expected to be up and running by the end of this year. It will be responsible for taking cases to court, while Customs will continue to carry out investigations. The move echoes that of the Crown Prosecution Service, which was established in 1985—until its creation the police handled trial prosecution themselves.

The Attorney General says that to be effective, prosecutors must be independent — and be seen to be independent — by judges, their colleagues and by the wider criminal justice system: "It is essential for public confidence in the conduct of criminal cases.This move will further enhance the independence of Customs prosecutors.They will work closely with skilled Customs investigators to continue to build strongeases and deliver robust prosecutions." Brian Kent is still fighting for compensation after being tined £14,000 for tipping off Customs about stowaways in his truck (CM 1 January). The case is now being handled by the Home Office but he hopes the CEPO will provide a much fairer system:"Under existing rules it's one man's opinion against yours; your only right of appeal is to go to the Home Office. This will give you somewhere else to go, involving people with proper legal training."

He adds: "It will also save the government money as frivolous cases will be ruled out before they get to court."

However, haulier Ron Dalton disagrees — he is fighting Customs for failing t °return his property six years after officers raided his home. believing he had evadedllOm in duty: "It's a waste of time and taxpayers' money and just another Customs department. It won't help their bungled investigations." He thinks judges' attitudes will remain unchanged and they will still rely on evidence L..ven."It will still be prosecution versus defence. I have lost all respect for Customs... its an absolute shambles" Customs & Excise was unable to comment as CM went to press..


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