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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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