Asylum seekers crossing English Channel no longer face prosecution

The Crown Prosecution Service (CPS) today said migrants who cross the English Channel seeking asylum in the UK will no longer be prosecuted.

An agreement was struck between police, prosecutors, the National Crime Agency, Border Force and the Home Office over cases involving “illegal entry”. It will also apply to those arriving by lorry.

However, criminal charges may be considered for those risking lives by bringing migrants to the UK, as set out in guidance published on Thursday.

Guidance

The CPS said the guidance confirms that “individuals who have played a significant role in people-smuggling, including those who organise and pilot dangerous boat crossings across the English Channel, can expect to face prosecution where this is supported by the evidence.

“However, recognising migrants and asylum seekers often have no choice in how they travel and face exploitation by organised crime groups (OCGs), prosecutors are also asked to consider the published public interest factors in charging those merely entering illegally.

“The guidance therefore advises that passengers of boats and other vehicles should not be prosecuted unless they are repeat offenders or have previously been deported – and should instead be with dealt with by administrative removal channels.”

Frank Ferguson, who leads CPS work on immigration crime, said the approach “strikes a proportionate balance between deterring criminal gangs from attempting dangerous crossings and acting in the interests of justice and compassion”, adding: “It is right that those who exploit and profit from the desperation of others, or put lives at risk through controlling or driving overcrowded small boats or confined lorries, are considered for prosecution.

“But we also have a duty to consider the public interest in prosecuting passengers, who often have no choice about their method of travel, for offences that can usually be better dealt with by removal.”

Regarding passengers, the guidance says: “It is unlikely that those who are simply occupants would be prosecuted”, adding that the “focus for prosecutions should be on those with more significant roles, i.e. those that facilitate the entry”.

The news has prompted campaigners to call for the Government’s plans for sweeping reforms of the asylum system to be scrapped.

Dramatic changes to the UK asylum system were introduced to Parliament earlier this week under the Government’s Nationality and Borders Bill, dubbed the “anti-refugee Bill” by critics.

The UN’s refugee agency today voiced “deep concern” around new UK asylum changes, labelling the reforms as an “almost neo-colonial approach”.

The Liberal Democrats said the changes to the CPS guidance were welcome but should not have been “necessary”, while Bella Sankey, director of charity Detention Action, warned the Bill would “row back” on such progress.