Report Summary
New research shows how people arriving on small boats are being imprisoned for their ‘illegal arrival’. Among those prosecuted are people seeking asylum, victims of trafficking and torture, and children with ongoing age disputes.
The full report can be read here.
This report, published by the Centre for Criminology at the University of Oxford and Border Criminologies in collaboration with Humans for Rights Network, Captain Support UK and Refugee Legal Support, shows how people have been imprisoned for their arrival on a ‘small boat’ since the Nationality and Borders Act (2022) came into force. It details the process from sea to prison, and explains how this policy is experienced by those affected.
New dta shows that in the first year of implementation (June 2022 – June 2023), 240 people arriving on small boats were charged with ‘illegal arrival’ off small boats. While anyone arriving irregularly can now be arrested for ‘illegal arrival’, this research finds that in practice those prosecuted either: 1. Have an ‘immigration history’ in the UK, including having been identified as being in the country, or having attempted to arrive previously ( for example, through simply having applied for a visa), or, 2. Are identified as steering the dinghy they travelled in as it crossed the Channel.
49 people were also charged with ‘facilitation’ in addition to ‘illegal arrival’ after allegedly being identified as having their ‘hand on the tiller’ at some point during the journey. At least two people were charged with ‘facilitation’ for bringing their children with them on the dinghy. In 2022, 1 person for every 10 boats was arrested for their alleged role in steering. In 2023, this was 1 for every 7 boats. People end up being spotted with their ‘hand on the tiller’ for many reasons, including having boating experience, steering in return for discounted passage, taking it in turns, or being under duress.
Despite the Government’s rhetoric, both offences target people with no role in organised criminal gangs. The vast majority of those convicted of both ‘illegal arrival’ and ‘facilitation’ have ongoing asylum claims. Victims of torture and trafficking, as well as children with ongoing age disputes, have also been prosecuted. Those arrested include people from nationalities with a high asylum grant rate, including people from Sudan, South Sudan, Afghanistan, Iran, Eritrea, and Syria.
Humans for Rights Network has identified 15 age-disputed children who were wrongly treated as adults and charged with these new offences, with 14 spending time in adult prison. These young people have experienced serious psychological and physical harm in adult courts and prisons, raising serious questions around the practices of the Home Office, Border Force, Ministry of Justice, magistrates and Judges, the CPS, defence lawyers, and prison staff.
Samir, from Sudan, who was sentenced to 7 months after being identified with his ‘hand on the tiller’ said;
"It has had a massive massive massive effect on my mental health and my physical health. I lost a lot of weight. It was my first time to be in a jail, to be in a locked place. Without knowing you are why you are inside the prison. You didn’t do anything, you are not guilty. Literally every day we faced racism and discrimination inside that prison [HMP Elmley]. With the officers, with them cit’s different with other people there. We are discriminated against because we are not nationals. If you give the officers your general application for study or work, you will be sure that it will be in the bin, unless you give it to awhite prisoner to give to the guard.