C2Part II Carriers’ Liability
Clandestine entrants
I1C134 Defences to claim that penalty is due under section 32.
1
This section applies if it is alleged that a person (“the carrier”) is liable to a penalty under section 32.
2
It is a defence for the carrier to show that he, or an employee of his who was directly responsible for allowing the clandestine entrant to be concealed, was acting under duress.
3
It is also a defence for the carrier to show that—
a
he did not know, and had no reasonable grounds for suspecting, that a clandestine entrant was, or might be, concealed in the transporter;
b
an effective system for preventing the carriage of clandestine entrants was in operation in relation to the transporter; and
c
that on the occasion in question the person or persons responsible for operating that system did so properly.
4
In determining, for the purposes of this section, whether a particular system is effective, regard is to be had to the code of practice issued by the Secretary of State under section 33.
5
If there are two or more persons responsible for a clandestine entrant, the fact that one or more of them has a defence under subsection (3) does not affect the liability of the others.
6
But if a person responsible for a clandestine entrant has a defence under subsection (2), the liability of any other person responsible for that entrant is discharged.
Pt. II (ss. 32-43) modified (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1, 2 (with art. 5)