They relate to the offence introduced by s 21 of the Border, Security, Asylum and Immigration Act 2025. The consultation revisits a draft guideline opened to consultation in March 2024, which covers the Immigration Act 1971 offences of assisting unlawful immigration to the UK—responses from that consultation are included in the consultation document.
There are currently no sentencing guidelines for immigration offences. The statutory maximum for endangering another during a sea crossing is six years in prison, and the statutory maximum for facilitation is life imprisonment.
Lady Justice May, chair of the Sentencing Council, said: ‘These are serious offences that put lives at risk.
‘The statutory maximum sentence for facilitation offences is life imprisonment. It’s important that the guidelines reflect the complexity and severity of these cases, so that sentencers can be confident in the approach they take when dealing with them.’
The consultation ends on 30 September.
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