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

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll