A Border Force penalty is the so-called Clandestine Entrant Civil Penalty - a civil (administrative, not criminal) penalty imposed under the UK Immigration and Asylum Act 1999 (sections 31A–32). It can be issued to the haulier and the driver in whose vehicle Border Force officers find a person attempting to enter the United Kingdom illegally.
The key points in brief
You do not need to have known about the passenger to receive a penalty. Liability is strict - what matters is whether the vehicle was properly secured and whether the required system of checks was in place.
Who does it affect?
- International hauliers and transport companies entering the UK.
- Drivers of lorries, trailers and delivery vehicles.
- Owners and hirers of the vehicle - not only the driver.
A civil penalty, not a criminal conviction
These are administrative proceedings - they do not mean a criminal record or entry in the criminal register. However, the financial penalty is real and enforceable, and the vehicle and load may be detained until it is settled. That is why a swift response and a properly filed objection within the deadline are crucial.