Oral Answers to Questions

Debate between Martyn Day and Michael Ellis

Thursday 10th December 2020 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

What recent assessment she has made of the effectiveness of the CPS’s policy on the prosecution of immigration offences.

[The Solicitor General (Michael Ellis)]

The CPS is committed to prosecuting immigration crime to protect UK borders, and, in particular, to bring to justice those who exploit and facilitate the entry of illegal migrants. The CPS has clear and published policy guidance on the prosecution of immigration offences that reflects the memorandum of understanding agreed between the CPS and Home Office Immigration Enforcement.

[Martyn Day [V]]

The offence of facilitating unlawful immigration has previously been used, quite rightly, to tackle smuggling gangs and traffickers, but in recent months the Crown Prosecution Service has started prosecuting refugees crossing the channel simply because they were the unlucky ones forced to steer the boat. As the chief inspector of borders has made clear, these people are victims of the gangs—they are not gang members—so why are they being prosecuted and put in prison, contrary to the spirit of UN protocols and the published CPS guidance?

[The Solicitor General]

The CPS has not changed its policy on prosecuting immigration offences. The joint approach between the CPS and Immigration Enforcement is to consider prosecution for anyone who has been involved in organising and planning these journeys—I emphasise, the organising and planning—together with those responsible for controlling the vessels. As always, every case has to be considered on its merits and on the facts, and decisions must be in line with the code in the usual way. Prosecutors have to be satisfied about that, and prosecutors understand their obligations.