Stop and Search: Your experiences 

The RYA contacted the Home Office regarding the rather high handed treatment dished out to a number of digruntled members by the UK Border Agency (UKBA) cutters. 

Some RYA members were concerned about their 'stop and search' policy. We asked you for your views and experiences and we were overwhelmed by the response.

The RYA's Legal Manager Gus Lewis has been looking in to the issue. He said: "First and foremost, many thanks for your responses, they give us a really good feel for the general opinion on this matter.

"Reading through them, it was very clear that people's feeling about the UKBA's 'stop and search' policy very much depended on the attitude of the officers who boarded. 

"From the RYA's point of view, we support the UKBA’s work in providing a national surveillance and interception capability to protect the UK from terrorism and criminality, but the RYA believes that the recreational boating public should not routinely be regarded as suspects."

Sadly we do not have room for all of your responses, but here are a few of the most interesting, good and bad. 

Bad experiences

Dear Editor,

I experienced a near identical situation in March this year in the Sound of Jura.   We spotted the customs cutter in the distance but she went past and headed south. We continued sailing north in our Island Packet which we’d bought in USA and sailed across the previous summer, fulfilling all the necessary VAT and customs requirements at Azores and Ireland.

We had also had been in written communication with HM Customs the previous July after we arrived in UK and had provided copies of all our importation and VAT documentation, receiving a “thanks all is in order, we don’t need anything more” letter from them.  

What we did have was “Newport R.I.” still on the transom and I was subsequently told this was what had stirred their interest. Personally, I think we were an excuse for “an exercise” for a new team just up from the south coast.  

The next we knew was their black RIB approaching at high speed, four occupants dressed in full black, like SAS in full combat gear, just missing the firearms. Unlike Mr. Williams, we were not asked to give permission for them to board.

As they approached we were told to hold our course and speed, and before we knew it, three of these guys STORMED over the guard rails, pushed past me in the cockpit and dived straight down below with the third member remaining in the cockpit.  

Protestations and questions about had they any rights to do this were greeted with a barked response that absolutely they could do it. All in the demeanour of keep out our road or pay the consequences.  

This was a very aggressive, and, if we had been bad guys, I’ll admit, a professional and effective boarding.   But we weren’t bad guys. We were one mid 50’s couple and one mid 60’s cruising to our summer marina in Oban and I don’t think we look like drug runners.  

I use the word “stormed” as quite frankly that is the best word. They did not “come aboard” or climb over the guard rails. They STORMED aboard taking us all by surprise in a very threatening and intimidating manner, something I took up vociferously with the team leader.

One officer really needed some people skills training and I told them that much to the consternation of my crew.   The officers below swabbed all our work surfaces sending the material back to the cutter for analysis which came back negative in 20  minutes. (Perhaps the NHS could learn something!).

Why they couldn’t have looked up their database to see if they had us on record, which they do, I don’t know.  While one office swabbed the work surfaces, the other went through all our documents including checking all our charts and the chart plotter to verify both the trans Atlantic and trip from Largs to Oban.  

All in all, an intimidating experience and one not designed to engender public – customs relationships.    

Regards      

Stuart Letton

 

Dear Editor,

Our experience was a lot more traumatic than the one reported in this month's news...

The crew was aged 49, 64 and 65. We had set off from Dartmouth in 2006 trying to catch the tide round Portland and then were going to take St Albans on the head and arrive to go through to Yarmouth and tie up for a sleep....

This is from memory, will go back to the log to find the details....

Anyway we hit the tide in the Hurst Narrows and put our engine on about 04.30 BST... I was helming when my No. 2 came up and looked up over my shoulder, and said "****** , he is going very fast, he is going to hit us..."

A large rib came alongside, all black, and four individuals jumped on board without a word...  I was very surprised because our new toy, the AIS, had not shown any contacts and we had seen no lights, so was the mother ship transmitting its AIS identity?

My belief is that it was hiding behind the Needles or not transmitting... They started aggressively with "Why did you slow up in the narrows? Where are your passports?" My No. 2 who does not like this sort of thing said, " We didn't know Devon had seceded from England so what are you on about?"

An aggressive questioning session followed... We showed the yacht's documentation including all the VAT stuff. They kept on asking when we had left France which we hadn't.. (The reason we had slowed was because the tide had turned). Then they said they weren't happy and said that they would bring a drugs officer on board..

Then a very large female fell over the rails and proceeded to open, rumble and test every locker. My wife says I am bad, but the chaos after her visit cost my wife at least two or three hours of clearing up. (Oddly enough we had a bottle of gin in the bilges and she didn't find it so what was she up to???)

Finally the boarders asked for some id and my No. 2 a Lt. Cmdr. produced a MOD pass and my other crewman a Prof. of London University pass the boarders started to say "Sir".

They never looked at the log... if the log could be proved to be false then there is a possibility of a prosecution but not otherwise... This was a nasty uncomfortable experience and we having been in dangerous positions before including one of our crew being sunk in the Falklands, found the experience in UK waters aggressive, rude, and over the top. 

Andy Krasun

 

Dear Editor,

Yes, we were boarded by the crew of "Searcher" as we cut between the Scilly Isles during the Fastnet race.

We had the Fastnet decals on the bow, and the Rolex race flag on the stern. The officers came aboard , asked us what we were up to, and then asked someone on board their own vessel whether they should search the yacht.

We almost had to put the engine on , as we were in light winds between large rocks, which would have led to our retirement from the race.  

Regards,

Tim Devlin

 

The Good

Dear Editor, 

I've just read the article about Mr Williams being boarded by the UKBA.   I was boarded by the Men in Black, aboard my yacht Teal, back in April.  I didn't find it intimidating and I'm a lone woman!! 

It was around Rhum, that I looked back and saw a small warship following me. A rib and its crew then came alongside and asked to come aboard.   Yes, they are riot police with life jackets, but once aboard and in the cockpit they got on with their job in a pleasant manner, apart from being a little surprised by finding a lone yachtswoman. 

They wanted to know where I came from and was going, they'd not heard of my departure point. They removed their helmets and had a chat. about half an hour later, after taking details of the vessel and me as the lone crew, they put their helmets back on and departed.  

They reminded me of Playmobile toys and I laughed as they put on their helmets and as one almost fell in the sea whilst boarding the RIB, gave me a smile on my face the rest of the day.   I always carry ID, for me and the yacht. I'd rather the UKBA were actively 'out there' and perhaps making smugglers think twice, than not. If they stop me again, what's the big deal?  

All I can say to these poor old chaps is, get a perpective on things. With our freedom to sail the seas of Britain comes a responsibility to look out for things that are illegal. These guys can't be expected to know who's aboard, or if you are up to no good or not.

Give'em a break, they are working for you, to keep our nation free of  the scum that bring in drugs.   

Jane Sewell 

 

Dear Editor,

Last year I was delivering a Moody 46 from Gibraltar to Poole. Short of fuel after having to motor-sail into a strong north easterly wind for the later part of the passage, I diverted to Dartmouth to refuel.

On arrival the Harbour Master  pointed us in the right direction for fuel, water and the best bacon sandwiches in Dartmouth, helpfully all in the same place, the middle of the river.  

We were enjoying our first salt free cups of tea and the aforementioned bacon sandwiches when a large black rib with 8 black jump suited, baseball capped individuals moored up close to us. I had a feeling that as we were the only vessel moored on the pontoon their interest was in the bacon sandwiches or us.

Suspecting the latter, I returned to the yacht. I was immediately approached by a person who introduced himself as an officer connected to Devon and Cornwall Police Customs and Immigration.  

He was polite and asked the obvious questions: Where had we come from, who owned the vessel, where was our last port of call etc. He did take some convincing that we had not called into North Africa.

Fortunately I had kept a comprehensive log and was able to supply detailed information. All documents were available and all was 'squeaky clean' He was courteous and polite and after looking at the documents did not even check the boat. He gave me a phone number and asked that as a delivery skipper if I observed anything 'suspicious' I call that number.  

I am very concerned at the attitude that appears to have been shown to Mr Williams as it was contrary to my experience.  

As sailors we have enjoyed freedom of movement without harrassment from officialdom for a long time. Unfortunately the criminal mentality has caught on to this freedom and not unexpectedly taken advantage of it as is evidenced by several recent court cases involving drug runners and illegal immigrants.

It is an unfortunate fact of life that officialdom will become more intrusive. However, the police say that the vast majority of serious crimes are brought to justice due to initial information and 'tip offs' from members of the public.

If the UK Border Agency are going to adopt a heavy handed attitude due their enormous powers and adopt a bully boy attitude they are  going to lose all support from a section that could well provide them with valuable information. Leisure sailors are unlikely to report suspicious activity if they have recently been harassed by that same agency.  

The proposed border agency 'rules' are absurd and if observed rigidly would completely wipe out all leisure boating as no one would be able to put to sea without fear that they may have to divert from a submitted plan due to weather or any other reason. They would have committed a crime and be liable to prosecution.  

I fully support the RYA in their quest for sanity but in addition if the Border Agency is here to stay it must adopt a more conciliatory attitude if it is to gain the respect and assistance of the leisure sailor.  

Ken Waylen