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Random spot checks to end

8th August 2002, Page 5
8th August 2002
Page 5
Page 5, 8th August 2002 — Random spot checks to end
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Customs will no longer be able to subject lorry drivers to random spot checks in an effort to seize drink and cigarettes, the High Court ruled last week.

Judges say Customs heavily-criticised policy of searching cross-Channel drivers randomly is illegal and incompatible with EU law. They say there has to be reasonable grounds for suspecting a person is smuggling before they are searched.

The Road Haulage Association welcomed the news, branding the current policy as flawed. "At present the innocent are being punished unfairlg" says a spokesman.

However, transport lawyer Gary Hodgson believes this will not alter the way Customs carries out its work. "I don't think Customs will change their approach. It doesn't diminish their powers, it just gives people more guidance on challenging decisions."

Customs argues it does not carry out random searches and the ruling will not affect the campaign against smugglers. "The court ruled in favour of the general approach by Customs," a spokesman says. "Most officers do not carry out random checks, they are targeted."

The spokesman admitted the judgement needs to be looked at in detail before a decision is made, but Customs has been given leave to appeal.


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