UK's tough line on migrant boats challenged

Attempts by Britain to prosecute some asylum-seekers crossing the English Channel by boat from mainland Europe face a legal challenge this week because of a change of guidelines from the Crown Prosecution Service, or CPS, the public agency that conducts criminal prosecutions in England and Wales, on who is open to prosecution.

The crux of the matter is whether taking a turn steering a boat makes someone part of the smuggling process. A court hearing on Tuesday will look at the cases of several people who have been jailed for people smuggling; they claim that they were in fact just trying to be rescued.

These challenges are a consequence of a case in May, when, having served 17 months for people smuggling, an Iranian called Fouad Kakaei had his conviction overturned, claiming he had only taken control of the boat to stop it sinking.

Clare Moseley, director of refugee support charity Care4Calais, told The Observer newspaper that asylum-seekers she had met said they were happy to comply with the authorities and were not behaving in a criminal way.

"Some migrants drive the boat in order to get a place on it because they can't afford to pay a smuggler. These people are victims of conflicts, torture and persecution; they are not criminals," she said.

"People tell us that they have to take their phone so they can call the Coast Guard or Border Force from the boat. These people are happy to meet the authorities; their full intention is to claim asylum."

At the end of November, 27 people drowned in just one incident, and the Nationality and Borders Bill going through the parliamentary process would increase the maximum sentence for assisting unlawful immigration to life in prison.

"It is right that we deter further attempts by bringing (boat pilots) to justice," said Tom Pursglove, minister for justice and tackling illegal migration.

New plan

"Our new plan for immigration will help prevent these dangerous crossings by introducing tougher penalties for those who risk people's lives by facilitating illegal immigration."

But the guidance issued by the CPS following the Kakaei verdict sends a different message. "Recognizing migrants and asylum-seekers often have no choice in how they travel and face exploitation by organized crime groups, prosecutors are… asked to consider the…public interest factors in charging those merely entering illegally," it said.

"Passengers of boats and other vehicles should not be prosecuted unless they are repeat offenders or have previously been deported."

Home Secretary Priti Patel has previously announced plans for Border Force boats to force boats carrying migrants out of British territorial waters, but The Guardian reported that an alliance of charities has launched legal action claiming the plans are unlawful under human rights and maritime laws.

On Nov 22, days before the mass drowning, the Evening Standard quoted official government figures saying that more than 25,600 people had crossed the Channel this year, as opposed to 8,417 in the whole of 2020.

But the BBC reported that overall, the total number of asylum claims in the United Kingdom for the year to June was 31,115, a fall of 4 percent from the previous 12 months.