Defending Small Boat Pilots

In this week’s New Law Journal, Aneurin Brewer offers a defence-focused analysis for lawyers dealing with small boat pilot cases under immigration law. He examines:

• Practical defence strategies for pilots charged under the Immigration Act 1971, as amended by the Nationality and Borders Act 2022.
• Highlights how offences under s 24(D1) and s 25 disproportionately impact asylum seekers, many of whom are coerced into piloting.
• Examines the unusual mens rea requirement under s 25(1)(b), and how genuine ignorance of the law may still support a defence.
• Emphasises the role of prosecutorial discretion and the scope for abuse of process arguments, especially when CPS guidance is not followed.
• Notes the sentencing implications and deportation risks, which often push defendants toward pleas on lesser charges.

Read article: [New Law Journal]

Aneurin is recognised as a leading authority on the defence of small boats pilots having successfully appeal a large number of convictions for the offence in such cases. Read more: [Aneurin Brewer]