Spain: Judge Signals Firm Action on Tobacco Smugglers

Source from:  Gibraltar Chronicle (gi)  01/20/2014

Tobacco smugglers will face tougher fines and persistent repeat offenders could even go to jail, Stipendiary Magistrate Charles Pitto has warned.

Current court practice is to issue a fine mirroring the commercial value of the tobacco in respect of which the offence is committed.

But "normal fines will be going up and the court has powers greater than fines for repeat offenders," Mr Pitto said during a hearing in the Magistrates' Court.

Current legislation allows ample leeway for the courts to impose fines of up to £10,000 or three times the value of the tobacco, whichever is greater. The legislation also allows for punishments such as community service orders and even prison sentences of up to six months for repeat offenders.

Mr Pitto's warning coincides with Chief Minister Fabian Picardo's plans to clamp down on tobacco offences.

In his New Year Speech, Mr Picardo announced plans to set up new areas to search people and vehicles exiting Gibraltar.

This is in keeping with the recommendations made by the European Commission after its inspectors visited the border in September last year.

Mr Picardo also signalled further measures to clamp down on tobacco offences on Gibraltar's beaches and in the border area as well as the prohibition of selling tobacco in Laguna and Glacis estates.

During the last two weeks in excess of 20 people have been arrested and charged in separate incidents for tobacco related offences.

In the latest incident, officers of HM Customs challenged a Spanish National at the North end of Eastern Beach as he made his way towards the frontier fence carrying a large black bag.

The man dropped the bag and attempted to flee the scene but was captured by Customs and arrested after a search of the bag and surrounding area resulted in the find of 9,000 cigarettes (45 cartons).

The 30-year-old resident of San Roque has been bailed to surrender on February 18.

The cigarettes have been seized by HM Customs. Enditem