header-logo header-logo

In hot water?

224735
Aneurin Brewer sets out a practical guide to defending the pilots of small boats following the Nationality and Borders Act 2022
  • This article seeks to address, from a defence practitioner’s perspective, practical approaches to the prosecution of pilots of small boats following the amendments to ss 24 and 25 of the Immigration Act 1971 made by ss 40 and 41 of the Nationality and Borders Act 2022.

As migrant crossings of the British Channel in so-called ‘small boats’ rose in political salience in and around 2018, the Crown Prosecution Service (CPS) started to attempt to prosecute the pilots of these craft. These pilots are usually asylum seekers themselves who have been pressganged or induced into holding the tiller in return for reduced fares. Nevertheless, these defendants were charged and routinely convicted of offences of facilitating their passengers’ alleged breaches of immigration law, contrary to s 25 of the Immigration Act 1971 (IA 1971), an offence primarily intended for the prosecution of people smugglers.

In R v Kakaei [2021] EWCA

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
back-to-top-scroll