Key facts
- More than 1,100 people have been convicted of illegal arrival in the UK since July 2022.
- The Home Office introduced the offense of illegal arrival in 2022.
- Of those convicted, 628 arrived on small boats.
- Some individuals convicted were survivors of torture and trafficking.
- Legal experts question the compatibility of these prosecutions with the refugee convention.
More than 1,100 individuals have been convicted of illegal arrival in the UK since the Home Office introduced the offense in July 2022, according to freedom of information data. The policy, aimed at deterring irregular migration via small boats or lorries, has faced criticism for potentially criminalizing asylum seekers, a practice at odds with the refugee convention which generally prohibits penalizing refugees for their mode of travel.
The data, obtained by criminologist Dr. Victoria Taylor, reveals 1,109 people were prosecuted for illegal arrival between July 2022 and January 2026. Of these, 628 arrived on small boats, with 296 identified through surveillance drone footage. A smaller number, 12 individuals, were convicted of the separate offense of facilitation, which involves organizing the journey.
Legal representatives highlighted cases where individuals, including survivors of torture and trafficking, were convicted for illegal arrival. In one instance, a judicial review concerning a trafficking survivor from South Sudan, who was forced at gunpoint to pilot a boat, was settled. Officials have since agreed to enhance protections for trafficking victims in such cases. Lawyers argue that potential victims of trafficking are frequently convicted and imprisoned, underscoring the need for robust application of modern slavery frameworks.
Among those convicted were at least 30 age-disputed children, with 19 having been held in adult prisons. Organizations like Captain Support UK have worked with hundreds of individuals imprisoned for illegal arrival, all of whom had sought asylum shortly before their arrest. They urge the government to cease imprisoning individuals seeking safety.
Dr. Taylor questioned the arbitrary nature of prosecution selection and the effectiveness of the policy in deterring Channel crossings, noting that many convicted individuals have since been granted asylum or recognized as trafficking victims. She also raised concerns about the compatibility of these prosecutions with the refugee convention.