Clandestine Entry - Penalties under the Immigration and Asylum Act 1999

The Immigration and Asylum Act 1999 has given UK Border Force significant powers in respect of imposing penalties when individuals are considered to be responsible for individuals entering the country unlawfully. One of the biggest challenges faced is that "responsible" is broadly defined, it includes simply being the owner of a vehicle or the driver at the time that clandestine entrants are found.

There are defences available under section 34 of the Act which may exempt a person from penalties. However, they are extremely narrow and only arise if they can prove they were acting under duress.

The clandestine entrant civil penalty scheme in the UK imposes fines on individuals and companies responsible for transporting people who enter the country unlawfully.

• If a clandestine entrant is found in a vehicle, the owner, hirer, or driver may face a fine of up to £10,000 per entrant.
• If a goods vehicle is not adequately secured, even if no clandestine entrant is found, the driver may be fined up to £6,000.
• Companies may also be liable for fines imposed on their drivers.

There are security measures that transport operators must follow to avoid penalties. 

The investigation will begin for the driver at the point the vehicle is stopped, the authorities will also write to the owner of the vehicle setting out a series of questions that they will need to answer.

There are ways to reduce penalties for carrying clandestine entrants into the UK:

• Civil Penalty Accreditation Scheme: Joining this scheme can result in a 50% discount
• Vehicle Security Measures: Ensuring your vehicle is properly secured and following UK Border Force guidelines can help avoid fines
• Record-Keeping: Keeping detailed records of security checks throughout the journey can serve as evidence in case of a penalty
• Appeals Process: If fined, you may be able to challenge the penalty by demonstrating compliance with security measures.

The following are considered essential for ensuring there are sufficient and effective security measures in place:These standards typically include:

• Vehicle Security Checks – Regular inspections before and during the journey.
• Sealing Procedures – Use of tamper-proof seals on doors and compartments.
• Security Training – Drivers and staff must be trained to detect and prevent illegal entry.
• Record-Keeping – Maintaining logs of security checks and seal integrity.
• Compliance with UK Border Force Guidelines – Following official security protocols.

You can apply to join the Civil Penalty Accreditation Scheme by submitting an application to UK Border Force. This scheme helps hauliers reduce the risk of penalties for carrying clandestine entrants.

Steps to Apply:

1. Complete the Application Form
2. Submit the Form – Send the completed application to BF.CPAS@homeoffice.gov.uk.
3. Follow Security Guidelines – Ensure your vehicles meet the required security standards.
4. Maintain Compliance – Regularly check and record security measures to stay accredited.

There are steps that will be applied where a driver or owner has been found to have had involvement with clandestine entry, these can result in substantial reductions:

1. If it is the first time that the driver or owner has been reported in the last six years, then the maximum penalty is reduced to £6,000 per entrant;
2. If the reporting and systems in place were considered sufficient, then it will be reduced by 50%;
3. If the Owner of the Company was not present at the time it may also be reduced by 50%;
4. The fine will be adjusted depending upon the size of the company, this can result in the fine being reduced by a further 75%.

It is vitally important to ensure that you have instructed legal representation in order to limit the penalty that is imposed as where there are several clandestine entrants, the sums involved can be vast.