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Targeted consultation to help finalise new immigration prosecution guidance

|News, International and organised crime

The Crown Prosecution Service is updating its legal guidance on immigration offences ahead of the commencement of the Nationality and Borders Act.

Updates to the guidance have been developed by policy and legal CPS specialists in immigration offences, with the assistance of expert advice and taking account of relevant case law.

The legal guidance streamlines CPS policy on a number of immigration offences into one piece of guidance.  It clearly sets out any evidential considerations, followed by the public interest factors, including any aggravating or mitigating factors which would make a prosecution more, or less, likely.

The CPS has asked selected individuals and groups for their views on the updated legal guidance. Feedback from this consultation will then be considered and incorporated into the guidance, which will be finalised by the end of June before the Act comes into force.

Frank Ferguson, Chief Crown Prosecutor and CPS Immigration Crime lead, said: “We will prosecute organised gangs profiteering by exploiting illegal routes into the UK whenever our legal test is met.

“Every immigration case referred to us will be carefully considered on the strength of the evidence and whether it is in the public interest to prosecute.

“We have been working hard and collaboratively to ensure that our legal guidance is in the strongest place for when the new laws commence, and we hope that this consultation will help inform the guidance further.”

Notes to editors

  • The CPS will review the legal guidance after it has come into force to ensure it reflects the law and practice as it stands
  • The Code for Crown Prosecutors sets out the general principles prosecutors must follow when making a decision on cases
  • The updated legal guidance on immigration offences will be published ahead of commencement of the Nationality and Borders Act 2022.

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