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Organised Immigration Crime Legislation

On 28 June 2022 the Nationality and Borders Act introduced significant changes to Immigration legislation and related criminal offences.

Two significant amended immigration offences were sections 24 and 25 Immigration Act 1971.

s24 (1)(a) Entry in Breach of a Deportation Order became s24 (A1),

s24 (1)(a) Entry without leave became s24 (B1) and

s24 (1)(b)(i) Overstaying became s24 (C1).

Two new s24 offences were also added, namely -

s24 (D1) Arrival without a valid Entry Clearance (EC) and

s24 (E1) Arrival without a valid Electronic Travel Authority (ETA).

The sentencing penalties were also amended with section 24 offences becoming triable either way with a new maximum custodial sentence on indictment to five years for s24 (A1) offence and four years for s24 (B1 – E1) offences.

Section 25 offences relate to the offences of facilitating entry.

s25 Assisting unlawful immigration,

s25A Helping asylum-seeker to enter the United Kingdom or

s25B Assisting entry to the United Kingdom in breach of deportation or exclusion order.

The legislation wording was also amended to remove the need to evidence gain from committing these offences and the sentencing penalty raised to a maximum sentence on indictment to life imprisonment.

Last Updated on May 23, 2024

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