This would be the case where an offender is convicted of facilitating the illegal entry of large numbers of people for commercial purposes in a way that puts those individuals or rescuers at a high risk of serious injury or death.
The council published six draft guidelines this week, the first to be given to judges and magistrates on immigration offences. They reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022, which introduced new offences and maximum sentences.
They cover a range of offences including assisting illegal entry or arrival (such as smuggling someone in a small boat), using deception to enter or remain in the UK (such as entering into a sham marriage), knowingly entering the UK illegally and breaching a deportation order.
The offence of possessing false identity documents with an improper intention could lead to eight years in prison, while knowingly entering the country illegally would attract up to three years in custody.
Sentencing Council member, District Judge (Magistrates’ Courts) Stephen Leake, said: ‘In some cases, illegal immigration is facilitated by organised crime groups who exploit vulnerable people in order to make a profit.
‘It is important that courts have appropriate sentencing guidelines that reflect the current laws when dealing with these cases. Public consultation is an important part of the development of new sentence guidelines, and we welcome the views of anyone with an interest in these draft guidelines.’
Currently, the courts follow case law that has developed over time and the council’s general guideline, when sentencing individuals for immigration offences.
Judges, magistrates and others with an interest in this area are invited to submit their views by 12 June by emailing Vicky Hunt at consultation@sentencingcouncil.gov.uk. For more information, see the consultation paper, Immigration offences, at consult.justice.gov.uk or on sentencingcouncil.org.uk.
