
In the year ending June 2023, there were over 500 arrests in the UK related to assisting illegal entry or harbouring persons. If you’ve been arrested or charged with such an offence, you might understandably have a range of concerns and questions about what happens next. This article aims to explain clearly what steps you should take, including whether you’ll need a solicitor, potential defences you could use, whether you’re likely to receive bail, and other common worries people have in your situation.
Navigating the complexities of immigration law combined with criminal law is challenging. Without expert advice, you may misunderstand important aspects of your case or inadvertently incriminate yourself during investigations or interviews. A qualified solicitor can provide detailed guidance on your rights, thoroughly explain the charges you face, and outline appropriate defence strategies tailored to your specific circumstances.
An experienced solicitor will also:
Even if you believe the allegations against you are ungrounded or result from misunderstandings, the complex nature of these charges demands an informed legal approach, guided by an experienced solicitor.
Firstly, it may be possible to demonstrate that you acted without knowledge or genuine belief that the person involved was entering or remaining in the UK illegally. Since the prosecution must prove beyond reasonable doubt that you were aware of the person’s unlawful immigration status, proving a genuine lack of knowledge can often form a strong defence.
Another defence involves duress or coercion. If you were forced into committing the act through threats or intimidation, meaning your free will was genuinely overcome, you may be able to argue successfully that you acted under duress. To rely on this defence, you must demonstrate clearly that you faced an immediate threat of violence or serious harm which left you with no reasonable alternative but to comply.
Additionally, you may be able to argue humanitarian reasons or compassionate grounds in certain limited circumstances. Although humanitarian actions alone might not always fully justify assisting illegal entry or harbouring someone unlawfully, compelling factors such as saving a person’s life, providing urgent medical assistance, or preventing serious harm can influence sentencing decisions and possibly be viewed favourably by the court.
Each case involving assisting illegal entry or harbouring persons is considered individually by the courts, and several factors influence the decision to grant bail. These factors usually include:
Your solicitor will present to the court arguments in your favour, highlighting factors such as stable employment, family responsibilities, lack of previous serious convictions, and your willingness to comply with bail conditions. The court may stipulate certain bail conditions to ensure compliance, such as regular reporting to a police station, restricted movements (including surrendering your passport), or requiring a surety as reassurance that you will attend court as required.
In some serious cases, particularly those involving allegations of organised crime or significant risks that you may abscond, the courts could refuse bail altogether and remand you into custody awaiting trial.
In most cases, offences involving immigration matters, such as facilitating illegal immigration, helping someone enter illegally, or harbouring someone unlawfully present in the UK, will typically result in court proceedings.
Whether or not you personally have to appear in court will depend on various factors, including:
Assisting illegal entry or harbouring individuals unlawfully carries potentially severe consequences upon conviction, including substantial fines and imprisonment. Because of this, prosecuting authorities will usually want a court hearing where evidence can be presented and decisions made regarding guilt and appropriate sentencing.
The courts will consider numerous aspects such as the scale of the offence, whether it involved financial gain, your role in any organised criminal network, and your personal circumstances, including whether you have previous convictions, as well as any available sentencing guidelines, when deciding on your punishment.
You could face:
Each case is unique, however, and the courts will weigh up mitigating factors – for instance, if you have demonstrated remorse, cooperated fully with the authorities, or played only a minor role – against aggravating factors, like a significant breach of trust, exploitation of individuals, or involvement in organised crime.
When determining sentencing for first time offenders, just like for repeat offenders, courts will consider several key factors. These include:
If your involvement in assisting someone’s illegal entry or harbouring is deemed minor, and particularly if your motivation was truly humanitarian or compassionate rather than financial gain, the courts may consider alternative sentences besides imprisonment. Possible alternatives might include community orders, suspended sentences, or fines combined with rehabilitative measures.
Legal Aid is available in England and Wales for various criminal offences, including serious allegations such as assisting illegal entry or harbouring persons unlawfully residing in the UK. Eligibility for Legal Aid depends primarily upon your financial circumstances and the nature and seriousness of the offence.
To qualify for Legal Aid in a criminal case, generally two criteria must be satisfied:
Cases involving assisting illegal entry or harbouring persons typically carry significant penalties, including heavy fines or imprisonment, and therefore, they frequently pass the ‘interests of justice’ criteria. The means test involves assessing details such as regular earnings, savings, investments, and whether you are receiving certain benefits. If your income exceeds the allowed limits, you might be required to contribute to the cost of your defence.
If you are unsure of your eligibility, consult a criminal defence solicitor who can advise you clearly about the availability of Legal Aid and assist you with completing the necessary application forms.
Facing criminal charges is more often than not a stressful and overwhelming experience, but understanding your options and rights under English criminal law can provide clarity and reassurance. Our dedicated team of solicitors at Stuart Miller Solicitors are here to support and guide you every step of the way, offering expert legal services tailored specifically to your case. For confidential advice and professional representation, please contact the team today.
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