Sentencing Council seeks opinions on guidelines

The Sentencing Council has launched an important consultation aimed at gathering opinions on draft sentencing guidelines specifically pertaining to immigration offences. This consultation focuses on the offence of endangering another person during a sea crossing to the UK, a provision that was introduced through section 21 of the Border, Security, Asylum and Immigration Act 2025. This amendment modifies section 24 of the Immigration Act 1971, highlighting the need for updated guidelines in this area.

Furthermore, this is not the first consultative effort regarding these guidelines; it serves as a re-consultation of a draft earlier discussed in March 2024. The draft guidelines also encompass offences related to assisting unlawful immigration to the UK under section 25, as well as helping asylum seekers enter the country through section 25A. Insights gleaned from the previous consultation round are available in the current consultation document for public review.

This round marks the second iteration of consultations concerning immigration-related offences, with the data collected set to inform a comprehensive package of guidelines that the Council anticipates publishing by the end of the year. At present, there are no formal sentencing guidelines established for immigration offences, which means courts must rely on evolving case law and the Council’s General guideline for sentencing where no specific guideline exists.

The necessity for updated guidelines is underscored by the varied nature of offences in this spectrum, which warrants a consistent judicial response. Lady Justice May, Chair of the Sentencing Council, remarked “These are serious offences that put lives at risk. The statutory maximum sentence for facilitation offences is life imprisonment. It’s important that the guidelines reflect the complexity and severity of these cases, so that sentencers can be confident in the approach they take when dealing with them.”

The Council is keen to involve a broad audience in this consultation, inviting feedback from the public, judiciary members, legal practitioners, and anyone with a stake in criminal justice or immigration matters. The consultation is set to run for 12 weeks, commencing on 8 July and concluding on 30 September. Stakeholders are encouraged to find further details on the consultation and submit their responses via the Council's official platform.