Question to the Home Office:

To ask His Majesty's Government on what basis people are not charged under section 3(10)(a) of the Immigration Act 1971 when entering the United Kingdom by boat without a visa or valid entry clearance.

Individuals entering the United Kingdom without a visa or valid entry clearance may be charged with an offence of entering the UK without a visa or valid entry clearance under Section 24 of the Immigration Act 1971. Section 3(10)(a) refers only to a relevant person in respect of the other points covered in Section 3 of the Immigration Act 1971 and is not, in itself, an offence.

Charges under Section 24 are generally reserved for cases involving aggravating or egregious factors, rather than blanket prosecution for those entering the UK without valid entry clearance; this is in line with undertakings that were given to Parliament during the passage of the Nationality and Borders, and Border Security, Asylum and Immigration Acts.

The power to take DNA samples is derived from the Police and Criminal Evidence Act following the arrest and resulting investigation into a criminal offence, so only those who are subject to prosecution will be in scope to have DNA samples taken.