Carriers' liability


Produced in partnership with Daniel Bunting of 2 Dr. Johnson's Buildings
Practice notes

Carriers' liability


Produced in partnership with Daniel Bunting of 2 Dr. Johnson's Buildings

Practice notes
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The transport industry has various legal obligations regarding Carrying passengers into the UK. These are:

  1. •

    to adequately check the travel documents of passengers

  2. •

    to prevent clandestine entrants to the UK, including to ensure commercial goods vehicles are adequately secured

  3. •

    to provide specified advance electronic information to the UK Border Force regarding passengers or crews of ships or aircraft, and

  4. •

    to seek and obtain authority to carry a passenger to the UK in accordance with the Authority to Carry Scheme 2023

In addition, there are a range of miscellaneous offences that relate to the activities of carriers.

Charges in relation to passengers without proper documents

Carriers' liability for passengers without proper documents

The UK Border Force, acting on behalf of the Secretary of State for the Home Department (SSHD) may charge the owner of a ship or aircraft a fixed penalty of £2,000 where a passenger arrives in the UK without proper documents.

The definition of a passenger without proper documents

Section 40(1) of the Immigration and Asylum Act 1999 (IAA 1999)

Daniel Bunting
Daniel Bunting

Barrister, 2 Dr. Johnson's Buildings

Dan practices in all areas of Criminal Law and has appeared in all courts from Magistrates' and Youth Courts, the Crown Court and Divisional Court and Court of Appeal. As well as defending, he has appeared for the CPS and other prosecuting agencies in all types of appearances including trials.

He also practices in Immigration law (mainly on asylum and asylum-related cases) and has been instructed in the Tribunal, High Court and Court of Appeal on immigration matters. He is happy to act pro bono in suitable cases.

Dan has a particular interest in the cross-over of Criminal and Immigration Law and is recognised as a leading expert in defending immigration offences and victims of trafficking. He has appeared in many key cases before the Court of Appeal in this area. He has also been instructed on a number of successful references to the CCRC.

Dan is a member of Chambers' Prison and Public Law team and regularly advises and provides representation in both areas.

Dan has lectured and conducted training in both Criminal and Immigration Law. He co-founded, edits, and writes for the UK Criminal Law Blog (nominated for the Halsbury Legal Journalism Aware 2014), as well as blogging on (mainly) legal matters on his own personal blog.

He writes regularly for Halsbury's Law Exchange, Criminal Law Review, Criminal Law and Justice Weekly, Criminal Bar Quarterly, Archbold Review and other publications.

Dan is qualified to undertake public access work.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Carrier definition
What does Carrier mean?

Carriers are persons who carry persons or goods either for profit or gratuitously.

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