Immigration Offences Consultation

Overview

What is this consultation about?

The consultation is about immigration offences.

The consultation seeks views on a draft guideline for the offence of Endangering another during a sea crossing to the UK (Immigration Act 1971 (section 24(E1A)).

This is also a re-consultation of a draft guideline that was the subject of consultation in March 2024. The guideline covers the 1971 Act offences of Assisting unlawful immigration to the UK (section 25) and Helping asylum - seekers to enter the UK (section 25A).

Why is there a further consultation on immigration offences?

The Sentencing Council published a consultation in March 2024 seeking views on a draft of the first dedicated sentencing guidelines for immigration offences under the Immigration Act 1971 and the Identity Documents Act 2010.

The following guidelines were included:

• Facilitation (assisting unlawful immigration to the UK and helping asylum - seekers to enter the UK) (Immigration Act 1971, section 25 and 25A);
• Deception (Immigration Act section 24A);
• Breach of Deportation Order (Immigration Act 1971, section 24(A1));
• Knowingly entering the UK without leave and knowingly arriving in the UK without valid entry clearance (Immigration Act 1971, sections 24(B1) and 24(D1))
• Possession of false identity documents with improper intention (Identity Documents Act 2010, section 4)
• Possession of false identity documents without reasonable excuse (Identity Documents Act 2010, section 6).

The consultation closed on 12 June 2024. The Council considered the responses and made a number of changes to the proposed guidelines in line with the comments received, and in the case of Facilitation also as a result of a further Court of Appeal case. Some of those changes were significant.

The Council anticipated publishing the definitive guidelines in Spring 2025, however prior to publication the Council became involved in discussions with the then Lord Chancellor over the publication of a new guideline on the imposition of community and custodial sentences. Within these discussions the Government expressed a desire to review the role and powers of the Sentencing Council. The Council paused the publication of the immigration definitive guideline to await the outcome of this review.

On 2 September 2025 the Sentencing Bill was introduced into Parliament. The Bill proposed to change the current process by which the Sentencing Council issues definitive guidelines requiring the Council to seek the consent of both the Lord Chancellor and the Lady Chief Justice prior to publication.

The Council decided to continue work on sentencing but to defer publishing any definitive guidelines until Parliament had reached a conclusion as to the process and manner by which such guidelines are to be issued.

The Sentencing Bill received Royal Assent on 26 January 2026. Whilst the Council could now seek consent to issue the definitive immigration guidelines it has instead decided to reconsult due to the passage of time and legislative changes that have been made in this area.

Since the original consultation a new Bill (the Border, Security, Asylum and Immigration Bill) was laid before Parliament containing relevant immigration provisions and in particular a new offence of Endangering another during a sea crossing to the UK. That Bill received Royal Assent in December 2025.

Given this change the Council considered it important to draft a guideline covering the new offence of Endangering another during a sea crossing to the UK to be included within the package of immigration guidelines already drafted. Having made that decision the Council knew it would be necessary to reconsult and considered that this further consultation would present a useful opportunity to seek the views of consultees on the significant changes that were made to the Facilitation guideline since the first consultation.

At the conclusion of this consultation the Council will review all responses, making any changes to the guidelines it considers necessary and will publish all definitive guidelines that were the subject of this and the earlier consultation, alongside a response document that explains all of the post consultation changes made.