Commons Sense

House of Commons · Ministers' Questions

Immigration Offences: Prosecution

Thursday 10 December 2020 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 3 Not answered 0

Key points

  • The CPS is committed to prosecuting immigration crime and bringing to justice those who exploit and facilitate illegal migration.
  • The CPS policy on prosecuting immigration offences has not changed, focusing on those who organise or control vessels.
  • Stuart McDonald requested the CPS to publish new guidance on the offence of facilitating unlawful immigration.

Topics (select to filter)

Questions & Answers

Q1 Martyn Day SNP
Immigration Migrants & Borders Justice & Courts
Context

The Crown Prosecution Service's policy on prosecuting immigration offences is under scrutiny due to recent changes in how refugees crossing the channel are treated. The chief inspector of borders has highlighted that many refugees are victims rather than perpetrators.

Question

What recent assessment she has made of the effectiveness of the CPS's policy on the prosecution of immigration offences? Recent reports suggest a shift towards prosecuting refugees who cross the Channel, which contradicts previous guidance and international protocols. The chief inspector of borders has noted that these individuals are often victims rather than smugglers.

Answer from Michael Ellis (The Parliamentary Under-Secretary of State for Justice)

The CPS is committed to prosecuting immigration crime and bringing to justice those who exploit and facilitate illegal migration. The CPS has clear guidance on the prosecution of immigration offences reflecting the memorandum of understanding with the Home Office Immigration Enforcement.

Partly answered

Not addressed: Recent changes in how refugees crossing the channel are prosecuted, which contradicts previous guidance and international protocols.

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Q2 Martyn Day SNP
Immigration Justice & Courts
Context

Recent reports indicate that the CPS has begun prosecuting refugees who cross the Channel, contrary to established policies and international guidelines. The chief inspector of borders has stated that these individuals are victims rather than smugglers.

Question

The offence of facilitating unlawful immigration was previously used to target smuggling gangs, but recently, the CPS has started prosecuting refugees crossing the channel simply because they were the unlucky ones forced to steer the boat. Why are these people being prosecuted and put in prison?

Answer from Michael Ellis (The Parliamentary Under-Secretary of State for Justice)

The CPS policy has not changed. Prosecutions are considered only for those who organise or plan these journeys, or control vessels. Each case is reviewed on its merits in line with the code and prosecutors must be satisfied about that.

Partly answered

Not addressed: Recent changes in how refugees crossing the channel are prosecuted, which contradicts previous guidance and international protocols.

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Q3 Stuart McDonald SNP
Asylum & Refugees Justice & Courts
Context

There is a concern that the CPS has changed its policy and practice regarding prosecuting refugees crossing the Channel, despite previous guidance. A new note or guidance was allegedly issued to CPS lawyers last month.

Question

The Solicitor General mentioned prosecuting those who control vessels, but these people are victims of smuggling gangs, not members. There has been a change in CPS policy and practice. Will he publish the new note or guidance on this offence that I understand was issued to CPS lawyers last month?

Answer from Michael Ellis (The Parliamentary Under-Secretary of State for Justice)

CPS policy is clear. Prosecutors have obligations under the refugee convention and domestic legislation, specifically section 31 of the Immigration and Asylum Act 1999. Those who facilitate, control or engineer these offences are subject to prosecution.

Partly answered

Not addressed: Publication of new CPS note or guidance on prosecuting immigration offences issued last month.

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