ILLICIT CIGARETTE SEIZURE NOV 2020

The National Business Crime Centre (NBCC) is calling for Tobacco Track and Trace (TT&T) technology to be made available to policing in order to crack down on the illicit tobacco trade.

In a report compiled by City, University of London and authored by Professor of Criminology Emmeline Taylor, recommendations were made to share and utilise the information available better.

Currently the TT&T legislation specifies that only HM Revenue and Customs (HMRC) have access to the database although National Trading Standards can now access the ‘app’ following the enactment of The Finance Act 2022.

The report makes a total of eight recommendations which includes a call for the legislation around the use and access to TT&T to be revisited so that law enforcement can use it to improve intelligence and investigation into the illegal sale of tobacco products and other associated crimes.

Taylor’s recommendations included awareness training for police about the existence of TT&T and how it can help them in the identification, investigation and prosecution of serious and organised criminals.

“With the increase in tax on tobacco products and the proposed generational ban, the demand for stolen and counterfeit tobacco is set to increase dramatically,” says Taylor.

“My report, Lighting Up, outlines eight key recommendations for tackling tobacco theft. Chief among them is to extend the Tobacco Track & Trace app to law enforcement such as the police. This will enable officers to immediately check if tobacco is stolen and, importantly, where from thereby linking offenders to their crimes. TT&T could provide the ‘golden thread’ to enable the prosecution of some of the most serious and organised criminals operating across the UK.”

She added that access to the information could aid the police in its investigations.

“Crime control usually involves complex initiatives that understandably can take a long time to come to fruition. Yet, in this case, a key piece of intelligence gathering and evidence building technology could be at the fingertips of the police – they just need to be granted access to use this powerful tool.

“Given access, TT&T will provide a vital tool to in preventing, identifying and prosecuting offenders which will protect law-abiding businesses and ensure that tobacco products are sold legally and responsibly.”

Commenting on the report, NBCC lead Supt Patrick Holdaway said: “If police were able to access Tobacco Track and Trace App and the database, they would be able to routinely check tobacco being sold by local retailers to ensure it was legitimate. This would undoubtedly act as deterrent to any retailers thinking about purchasing tobacco on the black market and reselling it. In turn that reduces the demand for criminals to steal it in the first place as they will have less people willing to buy it from them. The NBCC will work with the relevant partners and stakeholders to explore how the recommendations can be implemented.”

JTI public affairs manager Ian Howell welcomed the report and echoed the call for sharing of data.

“We welcome this new research from the NBCC, funded by the Home Office, which highlights the severity of illicit tobacco sales across the UK and makes positive recommendations to crackdown on this activity,” he said. “Unfortunately, as outlined by Professor Taylor, the proposed generational ban, as well as the recent tax increases on tobacco products, are likely to lead to a rise in illicit tobacco activity. Not only will this hand more money to dangerous and organised crime groups, but it will also threaten the revenues of honest retailers.

“We agree that by giving police access to Tobacco Track & Trace data, they will be better equipped to identify and prosecute offenders who are selling stolen tobacco, and in doing so, better protect legitimate retailers. At present, criminals are becoming more brazen, and the existing penalties aren’t a deterrent, so this report is an important step in clamping down on illicit tobacco and supporting law-abiding retailers.”