Immigration Offences Prosecution 2020-12-10
2020-12-10
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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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.
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.
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.
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Assessment & feedback
Recent changes in how refugees crossing the channel are prosecuted, which contradicts previous guidance and international protocols.
Response accuracy
Q2
Partial Answer
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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.
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?
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.
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Assessment & feedback
Recent changes in how refugees crossing the channel are prosecuted, which contradicts previous guidance and international protocols.
Response accuracy
Q3
Partial Answer
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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.
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?
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.
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Assessment & feedback
Publication of new CPS note or guidance on prosecuting immigration offences issued last month.
Response accuracy