Border Force Should Hang It’s Head In Shame

We at N2D are constantly researching the regs, policies and guidance that Border Force use when stopping cross-border shoppers. When we say N2D, we include many of our readers who also contribute … without them, this would be a poorer N2D.

Indeed, it was one of these contributors who found that the Border Force Operational Manual contained a paragraph that specifically stated that ‘Passengers HAVE THE RIGHT to record any interviews’ should they be stopped by Border Force.

One can’t stress enough how important this is because Border Force will not audio record any Excise interviews … period! They rely on just the BF Officers notebook and content … which is often paraphrased and truncated and does not give a true account of the interview. Yet they want passengers to sign this notebook as a ‘true and factual account of the interview’ … something no solicitor would ever advise their clients to do.

So more and more people were using this right to record. This has not gone down well with Border Force and they often try to stop the interview being recorded. However, producing these FOI’s ( here and here) soon puts a stop to such requests (demands in some cases).

That’s all well and good … but only for visitors to N2D!    Why? … because Border Force are now restricting this information for anybody who does not know of N2D and our files and therefore put in an FOI of their own.

This is what they are not allowing the general public at large to see :-

Note: Officers cannot stop someone if they choose to make a video or audio recording of the 
interview themselves using their own equipment such as a mobile phone, video camera etc.

which was later amended to :-

β€œNote: If a member of the public chooses to use their own recording 
equipment, such as a mobile phone or video camera, to make an audio or 
video record of the interview, officers cannot prevent them from doing so. 
However, officers should try to dissuade individuals from making the record by 
explaining that a full and accurate record of the interview will be made and 
they will have the opportunity to read, agree or have comments added at the 
end of the record.

If an individual persists in making a recording, officers are not obliged to make 
any special amendments to their usual business processes or to the location 
of the interview in order to accommodate a recording. Similarly, officers are 
not obliged to have their image recorded and can politely ask that the use of 
recording equipment is directed away from them.”

Border Force are wrongly using Sect 31 of the FOI Act 2000 below in order to keep it from the public :-

“After careful consideration we have decided to withhold some information in the document Civil Excise Interview Guidance as it is exempt from disclosure under section 31(1) sub sections (a) and (d) of the Freedom of Information Act. This provides that information can be withheld where disclosure would, or would be likely to, prejudice the prevention or detection of crime or the assessment or collection of any tax or duty. The guidance reveals activities and techniques that would be likely to assist those wishing to evade our controls and the public interest therefore falls in favour of applying this exemption. Further details about the application of this exemption can be found in Annex A.”

Another ‘right’ they are also witholding is this :-
“If the person says they want to be interviewed but cannot do so at the time (e.g. because they are 
on a bus which will leave without them), the goods should be detained and they should be offered 
an interview at a later date”

“We have no power to demand their 
attendance at the place the goods were detained but neither are we obliged to carry out the 
interview elsewhere. However, since the goods and case officer are located where the detention 
took place, the person may agree to attend there so their goods can be returned (if they are not 
subsequently seized).”
These ‘rights’ are replace with “[Text withheld by HM Revenue and Customs under Freedom of Information Act 2000, section 31(1)]  in this recent FOI 24547
This comes on top of this!  Yes those downloads were the FOI’s about recording the interviews! (we’ve now mirrored them)
Looks like we’ll be writing to the Information Commissioner πŸ™‚

NOTE

When the FOI 24547 was put in requesting if there had been any updates to the procedures etc that Border Force use in interviews etc, it specifically referred the previous FOI’s that we have and  contain ALL the info they have now restricted!

Errr … so what they’ve done is drawn attention to now restricted info that we already know what it is!!!****@@!**  Talk about shooting yourself in the foot!

Since when did public rights become sensitive material? lol



WTF? ALL OUR MAIN DOWNLOADS ARE NOT WORKING!

I have no idea what is happening but our main most important downloads for cross border shoppers have stopped working. ALL our other downloads are fine. Our main downloads are easily noticeable due to them being downloaded in their 1000’s. We pay for this hosting at Divshare ffs!

We have other download files that are not N2D related that have been downloaded just as much as the above and they are fine. Older and newer download files are fine too. It’s just these 6 below out of a total of 70 files that are not working.

Contacted Divshare Support and as yet no reply.

WTF is going on?

Statement of Truth http://www.divshare.com/download/16022004-810

Tobacco price calculator  http://www.divshare.com/download/15884199-c41

Cigarette price calculator  http://www.divshare.com/download/15894304-863

Do NOT be wrongly branded a smuggler leaflet http://www.divshare.com/direct/16011896-f6e.doc

FOI on recording UKBA http://www.divshare.com/download/15859951-15a

Tobacco shelf life FOI doc  http://www.divshare.com/download/16015434-b13


Have now got these files mirrored. You can find them HERE

A ‘Guide’ to Representing Yourself in Court re Customs

This is just a draft and will be updated. Any help or input would be greatly appreciated. 

We are NOT lawyers. This is simply our attempt to help you in court if your are the ‘Litigant in Person’ … in other words DIY defence. lt’s based purely on our personal experiences and views and you should bear that in mind at all times.

Representing yourself in court is called ‘Litigant in Person’ (LIP). Ideally everyone should have a lawyer representing them but because the access to Legal Aid is a virtual zero, you, yourself, have to instruct a lawyer to act for you. This costs money and not an inconsiderable amount either. A further problem is actually finding a lawyer who understands Condemnation Proceedings and people have indeed found this difficult. Unfortunately most people don’t have the funds to pay a lawyer and so are left with no alternative but to defend themselves. This is no mean feat and you have to be prepared to put in a lot of effort and research. lf you don’t do this, you are simply wasting your time and the courts … and you will be invariably liable to costs!

Being a LIP means you will be frowned upon by the prosecution and more often than not, the bench. lt’s up to you to show that you are not wasting their time.

Putting aside the details of your case for the moment, the thing that you have to learn is the rules and procedures of the court. View it as a game albeit a very serious game. Playing it without knowing the rules will no doubt end up pissing the bench off and alienating them … not good! By knowing the rules and procedures and adhering yourself to them will go a very long way to avoiding this. Another point is not to turn up looking like something the cat’s dragged in … courts view that as disrespectful. Personally, not only would l go dressed in something smart, l go dressed in clothes that l feel good in. ln fact, l’d say dress as though you are going on a first date … nothing too flashy and definitely cut down on the ‘bling’.

l’d also advise for you to take a McKenzie Friend who can assist you whilst in court. We return to what a McKenzie Friend is in more deail later. 

Your day in court will be something like this but be aware that the bench have the power to change it should they so wish. Again we’ll go deeper into later. Anyway, a brief guide :-

1. The judge enters and you all stand up. The judge then gives a brief outline of the case and you will be asked to identify yourselves and state that you are the owner of the goods in question re the Condemnation Proceedings

2. Prosecution then makes a statement outlining the case against you. Do NOT interrupt. lt is NOT your time to speak. Shut up and listen and take notes of what prosecution are saying.

3. Prosecution will then call their witness who will then be sworn in. Prosecution will then ask this witness questions which they believe will prove their case against you. Do NOT interrupt. lt is NOT your time to speak. Shut up and listen and take notes of what prosecution are saying. Pick up on the points you disagree with and prepare. (Note:- you can ‘object’ but be sure you know what an objection means before you do it. An objection is usually at something that you deem irrelevant to the case or has been added to the original case against you. i.e. It was not in the prosecutions bundle. Tread warily here unless you are confident of your objection. If not, wait for your turn to cross-examine)

4. Prosecution will then finish and now it’s your turn to cross-examine the witness on their evidence. You CANNOT make statements, you HAVE to ask questions. lf you don’t know the difference you’re going to piss the bench off … not good.

5. You will then finish and prosecution will have the opportunity to try and clarify any points you brought up that discredit their case. Do NOT interrupt. lt is NOT your time to speak

6. Then it is vice-versa, you will be sworn in etc. and defence will ask you questions to substantiate your defence and attack the prosecutions case.(it can be a little more complicated if you are the single defendant but again we’ll cover that later)

7. Prosecution will then cross-examine you

8. Defence will have the opportunity to cross-examine you to clarify any points brought up by prosecution when they were questioning you.

9. You then leave the witness box and return to your seat. You then have the opportunity to make a statement about your case (prosecution made theirs at the beginning).

10. The judge will then make their judgement.

Border Force Court Case 25th Sept 2012, Hull re Seized Tobacco

Yesterday, one of our forum members (Toni) was in court re his seized tobacco. Here is our report of the day. We went ourselves to see the case.

There were a few members and friends of the forum who turned up for the case. 8 people in total were in the public gallery incl 1 from the Border Force but as she was in plain clothes l’ve no idea of her rank or position. lt’s rare that cases like these get such scrutiny as it is hard to find when and where they are taking place. l recommend to anybody that can get to one of these cases to go as you will learn through the experience. Knowledge is indeed power.

The judge in my honest opinion was very lenient through the case and although Toni kept making statements instead of questions, the judge kept his patience. The case itself revolves around Civil Law and the ‘balance of probabilities’ and not ‘beyond reasonable doubt’. lt’s important you know this, it’s no use complaining it’s unfair because it it what it is. That is the system that is in place regardless of your feelings about it. You have to fight it on those grounds so remember that.

Taking that into account l’ll concentrate on the main points of the case. Note, we don’t have access to Toni’s SAR, his copies of the officers notebooks or the officers written statement of said notebooks or Pre-Condemnation Assessment Letter so we cannot really comment on the specifics heard in the court. We can only present how Border Force and Toni presented their cases at face value for the most part.

Firstly there was a dispute as to whether the the stop was legal or not on the grounds of whether or not the stop was random. Random stops are illegal as the judgement in the Hoverspeed case ruled. However, this does not mean that the seizure is illegal. The judge in the Hoverspeed subsequent Appeal case said “We do not however see unfairness in the seizure of goods liable to forfeiture, even though their presence happens only to be discovered in the course of an unlawful check. That may be bad luck, but it is not unfair

Again , there is no point in crying this is wrong or anything like that. This is the law as it stands and you have to work with that. Contesting the legality of the stop has much more impact and implications at the actual time of the seizure. lt has much less relevance at a later date in court.

The Border Force officer said that there were reasons for the stop but as they were intelligence led could not divulge them in court. Although various reasons were hypothesised upon by the judge, the actual reason was not revealed. Again, there is little or nothing you can do about this. The most you can do is get what is actually held on the database re an SAR.

The reasons for the actual seizure are another matter entirely. These are brought out in open court. In Toni’s case, these are the reasons that were presented in court :-

1. The number of trips made between Mar 11 and Dec 11. Border Force said 8 but Toni’s SAR showed one of these to be false and the Border Force officer accepted that. The Border Force officer said that Toni in his initial interview and subsequent full interview (Toni had returned to do a full interview at a later pre-arranged time) concealed some of these trips. Toni had done a SOT (Statement of Truth) but this showed only 6 in total. Toni said in the initial interview he could not remember all the trips and said so at the time. Toni also said the omission in the subsequent interview and SOT was a genuine mistake.

The Border Force (BF) officer said he had in his possession at the time of the interview, ferry records, their own database and ANPR data. Based on this, it was his belief that Toni was concealing the number of trips Toni had made.

2. The BF officer said he did not believe that Toni was a heavy smoker and had doubts to whether Toni smoked at all. He based this on that Toni did not ask to go for a smoke whilst in the Hull Sked sheds and Toni did not have on his personal possession smoking materials. Toni said that the shed was non-smoking as he could see all the signs in there. The BF officer agreed that there were but other passengers stopped who smoked asked to go for a smoke outside and they always allowed this. Toni said that there were smoking materials in the car but unfortunately there were no pouches open. Toni said that if the officer had asked for him to get them, he would have but the BF officer only asked if he had smoking materials ‘on’ him and he’d answered honestly.
Toni also told the officer that he didn’t smoke in the morning and anyway the ship and cabins were no-smoking so why should he have smoking materials on his person. He added that there was smoking outside on the decks but it was very cold outside (Dec)

3. The BF officer said that on the ‘balance of probabilities’ that Toni had brought in similar amounts of tobacco (10kg) on all the previous trips. Toni disputed this and said that he’d brought in far less than that and on some occasions nothing at all. Because there were no BF records or claims by Toni that there were any stops by BF on these occasions there is no factual evidence. We were left with the ‘balance of probabilities’.

4. The BF officer said that because Toni was on benefits that he could not afford these purchases. No actual detailed arithmetic was produced to back this claim up and Toni just produced the total amount of benefits he had per annum plus his pension. The BF officer also added that because of Toni being on benefits that he could not afford to give gifts. Again there was really no detailed arithmetic produced to back the claims up either way other than cursory.

5. The BF officer made a great deal of Toni having 4 individual receipts instead of one from Real Tobacco. He claimed that this showed the purchases was for commercial reasons. Toni said that was just the way he got them from Real Tobacco. The judge latched onto this and would could clearly see his interest peak.

…………………………

l’ll make no further comment here and let you be the judge so to speak. (
The actual judge at the case ruled totally in Border Forces favour and awarded Β£2719)

UKBA.Border Force Court Case This Tues, Sept 25th

Come and see for yourselves a UKBA/Border Force court case at Hull Magistrates Sept 25th 10.00am. lt’s about tobacco being seized from a cross-border shopper. He is trying to get his goods back as he contends they were wrongly seized. Border Force only have the officers notebook for evidence but unlike most cases it has not been signed by our cross-border shopper to say it was a true account. lnstead he has got an actual recording of the interview which contradicts the contents of the notebook.

Should be interesting πŸ™‚ Come and give your support!

Actually there’s 2 cases tomorrow. George is in court in Scotland accused of Racial Breach of the Peace by the UKBA officer who seized his goods.

Best of luck George! 

**UPDATED** BOOKINGS! … Come On Our ‘Octabber’ Baccy/Ciggie/Alcohol Minicruise!

UPDATE  Just in case you missed it at the end of this post … trips will run from Oct through to March 2013.

OK, we are ready to book. We need a minimum of 10 per trip to get the minibus across. This 10 will include the driver/drivers. P and O gave us prices this morning that means we can do trips incl Fri/Sat sailings for Β£46 per person all inclusive  (2 nights onboard ferry incl cabin). We should be able to get further discounts for midweek sailings. Compared with the normal bookings incl the 2 for 1’s that’s a fantastic deal.


There’s no-one that can offer the service we can. You get the full support of N2D and it’s resources. The bus carries copies of all the documentation needed along with facilities to produce personalised documents should you require them. l’ve posted about our facilities here http://n2d.boardhost.com/viewtopic.php?id=87

Because we are a non-profit social club , we need your help to make this work. We can’t pickup from everywhere so we’d expect you, the members, to fill the gaps so to speak if you can. For example, some of our members live near Liverpool and they offer to pick up other members along the way. This keeps our costs down. Also, if you come to Hull by train or bus we’ll pick you up at the stations … and take you back.We’ll give you secure free parking should you need it.

You have to be a member of the social club to travel with us. This is mandatory to enable us to stay within the laws/regs and keep the likes of VOSA off our backs. The minibus complies with all the current regulations and believe me that’s a bloody nightmare. Cost of membership is only Β£5 and lasts up to 12/2013.

These are no ordinary trips. We aim to make them enjoyable and fun but also make you as safe as we possibly can from the tactics used by Border Force. We’ll go wherever you want, visit places of interest and accommodate you wherever we can. For too long, us legitimate cross-border shoppers have been preyed on and taken liberties with by the likes of UKBA/Border Force because we were isolated and alone. Enough is enough!

Lets be that Band of Brothers! 

PM me on the FORUM or e-mail me at pres@n2d.me.uk with your preferred dates and how many you are and then we’ll put it all together. Time to walk the walk!


Current price list of tobacco, cigarettes, spirits here

 Stuff the Government and it’s taxes! Refuse to give money to the likes of ASH!

Stock up for Xmas! Party Time!

Now that’s an Octabber that BITES!

.. and after ACHTABBER! … Nov, Dec, Jan, Feb, Mar!


Border Force Officer 4604 … LIAR!

N2D Social Club did it’s first baccy run and we did a post on it … here. The club secretary put in a complaint about 4604 and this is the reply he received. 4604 has blatantly lied about the incident. However, the club’s secretary, did not put in his initial complaint that there were at least 8 witnesses to the incident. lt’s going to get interesting πŸ™‚

You can see why we say that all complaints at Border Force Complaints Team are handled by the ‘coffee machine’. Note the ‘Accredited to the Customer Service Excellence standard’ … hahaha. Guess who gave them this accreditation … none other than G4S! (Yes, that G4S that made such a cockup of security at the Olympics). Wonder if BF Complaints Team returned the favour for G4S?

Also posted on our FORUM