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.
Issue:
8123
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Categories:
Legal News
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Immigration & asylum
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Criminal
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National security
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International
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