law english legal system

Introduction

The illegal import of tobacco and cigarettes cost the UK billions every year in taxes, but it is not below a certain threshold, a criminal offense. This article discusses the motivation behind the policies of the leadership of the illegal importation of tobacco and cigarettes, a civil matter, the question of whether the illegal import of tobacco and cigarettes should be a crime? The accession to the European Union has meant that the UK is no longer sovereign rights in determining what is or not, an acceptable performance. A good place to start is therefore a fundamental examination of what the law says in relation to the importation of cigarettes based on the guidelines, which currently are in force today.

What will become of this relates to the fact that the guidelines are just that there are no hard and fast rules in relation to the height. However, there is a mechanism to prevent people from importing excessive quantities in order to gain an economic advantage. The main core of this article will focus on the current method of distinguishing what cigarettes for personal use, and what cigarettes are for commercial purposes. Finally, the discussion on whether the classification of the importing countries are low cigarette and tobacco for commercial purposes is a criminal act, and so, install the respect that once on the English legal system.

Current law on the import of cigarettes and tobacco in the United Kingdom

If the United Kingdom decided to join the European Economic Community (EU), there were certain rights and duties, which every citizen is to befall who reside in the United Kingdom. As part of a package of rights, the movement of goods. This led goods purchased within one Member State, and the excise taxes are paid for the goods, which allows, on the borders of the Member States, for all other charges imposed on them. This provision was the harmonization of taxes levied on products in each Member State. This initiative did not materialize in relation to tobacco products.

The United Kingdom is the tobacco is significantly higher than in most of the rest of Europe (TMA represents the average price of 20 cigarettes on the continent at around £ 2.40) and in other parts of the world. This has led to many smokers in the United Kingdom to the European mainland and buying their cigarettes there. There has also been smuggling for commercial purposes, such as the opportunities can be considerable. Article 9 of Directive 92/12/EEC, gives guidance to national governments on the quantities of non-commercial quantities. The government immediately guidelines which stated that only 800 cigarettes and 1 kilo of tobacco could be on the importation into the United Kingdom under these guidelines.

There was a wave of protests from various sources, with high EU officials argue that the United Kingdom was not cooperating with the spirit of the EU, by the rights of their citizens, they had agreed to afford it once the contract was signed. In October 2001, Internal Market Commissioner Frits Bolkestein has a complaint about "The Commission is concerned that the controls currently being applied to British ports and airports, and the penalties are applied when UK excise duty law is breached, may breach the EU rules the passengers the right to buy abroad. "

The United Kingdom's policy in many cases that went as high as the Court of Appeal. The guidelines now state that 3200 cigarettes are now allowed and 3 kilos of tobacco. Customs and Excise officers have the authority given to people if they believe that the cigarettes and tobacco were used for commercial purposes. The problem remains in distinguishing what cigarettes for personal use, and what cigarettes are for commercial purposes.

Methods for cigarettes for personal use and for commercial purposes Purchased

The EU adopted the guidelines for what it believes are appropriate quantities for personal consumption, to distinguish between commercial quantities. A traveler with amounts exceeding the guidelines could, if they can prove it is for personal consumption, for example at a wedding celebration. Amounts below the guidelines could lead to enforcement action, for example, when the same person was on several times a week in an attempt to build the commercial stock. It was claimed that the British customs authorities may withdraw the application of the rules too hard.

It was found that 80% of the smuggled cigarettes are available in over container, and the detection rate for tobacco comes in the foot or by car for about 3% of the remaining 20%. The goal is 10%, which means that for all the money spent and irritation caused only 2% of smuggled tobacco are recognized. Why is the government to combat buyers with relatively small quantities? If the duty of the opinion that people with such small quantities of these products are in a commercial enterprise, so that the duty, but then this should be a criminal offense.

The crime of smuggling tobacco

On the one hand, with the reasons for the classification of tobacco smuggling is not as criminal acts, as the first must understand some basic principles about the English legal system. In civil cases, you must convince a judge or jury on the balance of probabilities. This system allows a lower standard of proof. If a judge or jury is not convinced on a balance of probabilities by the evidence that was presented, then, that tobacco is not for commercial purposes, then they can decide for customs. In criminal law, the standard of proof is beyond all reasonable doubt. The customs authorities must prove that the tobacco was for commercial purposes, and too much more in evidence for this assertion.

There is also a lot of other cynical politics behind this classification. There is no legal aid to an individual when a seizure order on their goods. The crown, however, a solicitor and a lawyer for the court hearing. That seems right in the heart of any judicial definition of the right to a fair trial under Article 6 of the European Convention on Human Rights. The Crown considers that the representation may be requested by any individual, but when the stakes are so low, and the legal costs will be greater than the actual cost of the goods which were seized, one could question the productivity of pursuing such an approach. Customs and excise duties are always the best of both worlds, which in politics, that a civil legal matter, they can assume your debt on the balance of probabilities, but the punishments they inflict are worst than criminals in the system of criminal justice . No wonder that the British legal system is in disrepute.

Conclusion

There is no denying that the aggressive practices of the Customs and Excise duties are saving the government millions if not billions in taxes. The question remains whether this is done legally. The Court has confirmed that those who back large quantities of alcohol and tobacco have an evidential burden to find a satisfactory explanation, which may cause no duty to the conclusion that they are not for own use but for commercial purposes, but the makes the proof in a perverse way. Those who claim that a state, a proof to the fact that they claim, not vice versa.

The contemptuous of the basic policy for the establishment of these measures is not only civil perverse as it is nasty, it has led to the Customs & Excise, one would normally with the ambulance service and police, now with open contempt. More seriously, many people feel intimidated now to travel freely. It reminds us of the People's Republic of East Germany. The only way to restore the credibility of the English legal system is the abolition of this particular action as a criminal, so that all the benefit of society in the process.

Thomas Gallagher
LLB Liverpool John Moores University
LLM University of Liverpool

Who wants to know more about the operations, the Customs and Excise, then please visit and http://www.cia-uk.co.uk http://www.criminal-information-agency.com/ hmcustoms / and http://www.criminal-information-agency.com/hmcustoms/illegaldrugs.htm