ANTON BALKITIS PARTNER, ROAD TRANSPORT LAW

BUT SERIOUSLY THOUGH… The average loss of each incident totals over £25,000. A loss like this to any business could be devastating. In addition to a loss of profits and client trust, future contracts are also in jeopardy with over one in four of the victims losing business as a result. The Cost of Road Freight Crime in 2008

SECURITY?

TRUCKPOL

POLICING MAP Avon & Somerset (1) Bedfordshire (2) Cambridgeshire (3) Cheshire (4) City of London (5) Cleveland (6) Cumbria (7) Derbyshire (8) Devon & Cornwall (9) Dorset (10) Durham (11) Dyfed Powys (12) Essex (13) Gloucestershire (14) Greater Manchester (15) Gwent (16) Hampshire (17) Hertfordshire (18) Humberside (19) Kent (20) Lancashire (21) Leicestershire (22) Lincolnshire (23) Merseyside (24) Metropolitan Police (25) Norfolk (26) North Wales (27) North Yorkshire (28) Northamptonshire (29) Northumbria (30) Nottinghamshire (31) South Wales (32) South Yorkshire (33) Staffordshire (34) Suffolk (35) Surrey (36) Sussex (37) Thames Valley (38) Warwickshire (39) West Mercia (40) West Midlands (41) West Yorkshire (42) Wiltshire (43)

CRIME IN TRANSPORT RECOMMENDS: In general that further work to obtain and make available comparable information on transport crime (including harmonised definitions and concepts) should be undertaken; that Member countries identify high-risk locations and situations, so that surveillance and checks can be targeted. In relation to road transport that ECMT and IRU should update the handbook on parking provisions, improving it where possible by the addition of information on the levels of security and services available. CONCERNED: that crime is taking on new forms and using all modes; that data on the subject are still unreliable, making assessments of the extent and nature of crime difficult, as well as making international comparisons unreliable

the few members who had no thefts tended to be those who had the best trained drivers and who had adopted the best security methods the majority of members who had been victims of crime reported that each had had a small number of thefts of loads or vehicles where vehicles had been taken, members reported a 50% recovery rate Members reported that where loads had been taken the recovery rate was minimal Members who had been victims of crime complained that they had not been kept up to date as to the progress of police investigation SURVEY OF FREIGHT TRANSPORT ASSOCIATION (FTA) MEMBERS

The Police have the following obligations: Crime reporting, Assessment and Victim Support Following the report of a crime, if the police decide that there will be no investigation into that crime, they will advise the victim of that fact within five working days. Investigation If no suspect is arrested or reprimanded, the police must notify the victim on at least a monthly basis, of progress in the investigation up until the case is closed. Arrest and Bail If a suspect is arrested, the police must notify the victim within 5 working days. If the suspect is released with no further action, the police must notify the victim within 5 working days. Decisions to bring Criminal proceedings: The police must notify victims of decisions to bring criminal proceedings. If a decision is made not to prosecute, the victim must be notified. VICTIM’S CODE OF PRACTICE

Operators should carry out risk assessments as part of Transport Planning to safeguard loads, drivers and vehicles on regularly used routes Always use secure parking. is a website updated monthly showing members which truck stop, motorway service area, industrial estate or layby is considered a crime hotspot. This has assisted in identifying secure parking. Fit tracking devices Avoid predictable routing and scheduling where possible Check TruckPol reports as to updates of crime spots and criminal methods. Driver training: who to stop for how to check identities when to stay in the cab always check instructions with care never leave keys in truck DRIVER TRAINING AND SECURITY

OPERATION ‘STAMMTISCH’ A scheme to improve communication between the police and lorry drivers based on a German concept, roughly translated “regular get together” Police meet with lorry drivers to discuss concerns they may have scheme to be extended across the UK after a successful pilot

Is an ambitious multi agency intelligence led operation which was seen as the launch pad for the ACPO Vehicle Crime Intelligence Service (AVCIS). This was an ANPR operation which was conducted for five days during November and December 2006 at the Dartford River Crossing. The best “lift” of the day for no insurance! OPERATION UTAH

THE CODE FOR CROWN PROSECUTORS The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Test applied is two stages 1. Is there enough evidence against the defendant? When deciding whether there is enough evidence to charge, Crown Prosecutors must consider whether evidence can be used in court and is reliable. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant. 2. Is it in the public interest for the CPS to bring the case to court? A prosecution will usually take place unless the public interest factors against prosecution clearly outweigh those in favour of prosecution.

Worcestershire-based Troughton Transport says the six-month sentencing of a compulsive HGF thief is too lenient. Worcester Magistrates’ Court heard that a thief who stole a £10,000 DAF truck and a £10,000 load from Troughton’s yard in Evesham had committed more than 300 offences since Nicholas Atwell pleaded guilty to stealing the Troughton truck and for stealing a coach and dumping it near the Troughton site. A Troughton spokesman says: “The punishment does not act as much of a deterrent to criminals, and we believe the sentencing was too lenient. What example does this set for how seriously crime is taken in haulage?” Atwell was sentenced to three months in jail for taking the two vehicles and three months concurrent for driving while disqualified. He also received a £400 fine for driving without insurance and a four year driving ban. HAULIER RAGES THAT TRUCK THIEF PUNISHMENT IS ‘TOO LENIENT’

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