Immigration Offences: A Practitioner's Guide

Whilst quashing hundreds of convictions against people convicted of false document offences, different constitutions of the Court of Appeal have repeatedly warned practitioners (both defence and prosecution) of the need to be fully informed of the law relating to immigration offences and the defences available to criminal charges in an immigration context. This is to the extent of referring solicitors to the SRA due to the advice given.

Despite these warnings, there are still a number of such appeals each year which is indicative of a widespread lack of knowledge amongst criminal lawyers. Added to that, the recently enacted Nationality and Borders Act 2022 creates a number of new offences and makes radical amendments to existing ones that significantly widen the number of people who will be liable for prosecution.

Immigration Offences will provide coverage of the investigation and prosecution of immigration offences and ancillary proceedings. It will cover every aspect of a criminal case from initial detention through to the Court of Appeal. The emphasis will be on providing a practical guide, with signposts to where further information can be found.