Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the potential impact of offences created by the Nationality and Borders Act 2022 on illegal entry and arrival.

The Government is committed to protecting the UK’s border security and is working very closely with the National Crime Agency and law enforcement partners to ensure they have the funding, tools and expertise to identify, disrupt and dismantle organised crime groups involved in illegal migration.

The Nationality and Borders Act 2022 created the offence of illegal arrival which carries a maximum sentence of 4 years imprisonment on indictment. The Act also raised the maximum penalties for the illegal entry and arriving without an Electronic Travel Authorization (ETA) to four years and entering in breach of a Deportation Order to five years. Notably, it also raised the maximum sentence for the offence of facilitating a breach of immigration law to life in prison.

Prosecutions are pursued for all of the above offences, as they are for all immigration offences, wherever there is sufficient evidence to do so. These cases are then referred to the Crown Prosecution Service (CPS) where a decision on whether or not to prosecute is made. This decision is dependent upon the CPS’ assessment of the available evidence and whether or not it passes the CPS’ own public interest test. Information about the CPS’ decision making can be found here The Code for Crown Prosecutors | The Crown Prosecution Service.