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04 July 2025
Issue: 8123 / Categories: Legal News , Immigration & asylum , Criminal , National security , International
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NLJ this week: In hot water? Defending small boat pilots post-Borders Act

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Writing in NLJ this week, Aneurin Brewer of Red Lion Chambers offers a practical defence guide for small boat pilots charged under the Immigration Act 1971, as amended by the Nationality and Borders Act 2022

Brewer explains how the new offences—particularly s 24(D1) and s 25—have made it harder for asylum seekers to defend themselves, despite often being coerced into piloting. He highlights the importance of prosecutorial discretion and the potential for abuse of process arguments, especially where CPS guidance is ignored.

Brewer also explores the unusual mens rea in s 25(1)(b), arguing that genuine ignorance of the law may still offer a defence. With sentencing thresholds triggering deportation risks, many defendants are incentivised to plead to lesser charges.

Brewer’s analysis is essential reading for defence lawyers navigating this complex and politically charged area of law.

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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