Briefing by Border Criminologies and Humans for Rights Network highlights range of new criminal offences in the bill
A new briefing by Border Criminologies at the University of Oxford and Humans for Rights Network examines the expansion of criminal offences related to irregular entry into the UK, as proposed in the Government's new Border Security, Asylum and Immigration Bill.
You can download the 6-page briefing here.
The briefing provides some helpful context on the current criminalisation of people crossing the Channel by small boat. Since the offence of 'illegal arrival' was introduced by the Conservative government's Nationality and Borders Act 2022 (NABA), the best available data shows 556 people were charged with 'illegal arrival' from June 2022 to the end of 2024, resulting in 455 convictions. Many of those prosecuted come from countries with high asylum grant rates, such as Sudan, South Sudan, and Afghanistan.
Arrests and prosecutions for 'illegal arrival' have continued under the Labour government. Border Criminologies and Humans for Rights Network are concerned that the new Border Security, Asylum and Immigration Bill will introduce a range of new criminal offences that will further criminalise asylum seekers themselves, rather than targeting those who organise and profit from migrant smuggling.
Three key new offences in the Bill are highlighted in the briefing as follows:
1) The supplying, offering to supply, and handling "articles for use in immigration crime", with maximum sentences of 14 years imprisonment. While some (limited) humanitarian exemptions are listed (e.g. the provision of food and drink), and a defence is provided for those acting on behalf of an organisation which assists asylum seekers for free, these clauses considerably broaden the potential prosecution of migrant assistance and support. Importantly, as with all these proposed offences, there appears to be no explicit defence legislated for those on the move themselves.
2) 'Collecting information for use in immigration crime', including where that information was collected abroad. Such information includes "arranging departure points, dates and times", or, in other words, information that would be necessary to gather if you were attempting to make such a journey yourself. The Bill makes clear that evidence could include someone's internet history and downloads. We are concerned that, for example, even evidence of someone looking up the weather could be used as part of the case against them. The collection of this data from people's phones is facilitated by the new Bill, which creates new, broad powers to enable the search and seizure of electronic devices.
3) The Bill also proposes a new criminal offence of "endangering another during a sea crossing", with a proposed maximum sentence of six years imprisonment. The Home Secretary defended this offence using humanitarian logic, arguing it would be "a deterrent to boat overcrowding … those involved in physical aggression, intimidation or coercive behaviour, including preventing offers of rescue while at sea, will face prosecution". This offence is concerningly broad, and explicitly aimed at people on the move, who may understandably refuse rescue by French authorities to make it into British waters.
Border Criminologies and Humans for Rights Network say these new offences will provide the Government with additional legal tools to arrest and imprison people attempting to seek safety in the UK, further expanding the existing criminalisation of migration.
"Just as people have continued to cross since the introduction of the NABA offences, there is no evidence that these offences will deter people from seeking safety in the UK," the briefing stresses.