HC Deb 22 February 1999 vol 326 cc84-5W
Mr. Drew

To ask the Chancellor of the Exchequer in what circumstances Customs and Excise are permitted to make a private arrangement with an individual caught smuggling rather than pursuing the full legal process. [70816]

Dawn Primarolo

[holding answer 16 February 1999]Under section 152(a) of the Customs and Excise Management Act 1979 the Commissioners may "compound" any proceedings for an offence under the Customs and Excise Acts i.e. accept a monetary penalty in lieu of prosecution. The decision whether to prosecute or compound proceedings is taken on the merits of each case. Offers to compound are made only if there is sufficient evidence to support criminal proceedings. Where an offer to compound is refused it is the policy of the Commissioners to prosecute for the alleged offence.