Illegal immigrants dodging deportation in migration madness as 'hole blown' in UK border

Shadow justice secretary Robert Jenrick claimed hundreds of convicted illegal immigrants could avoid deportation due to lenient Sentencing Council guidelines. His research revealed that the Council's draft guidance could result in migrants convicted of immigration offences receiving sentences below the automatic deportation threshold. This is because the council's "starting points" for sentences are less than 12 months in prison, which would trigger automatic deportation for convicted migrants.

Mr Jenrick argued that these guidelines could undermine border controls by making it harder for the Home Office to deport criminals convicted of immigration offences, such as illegal entry into the UK, deception and possession of false ID documents. He said: "The guidelines the Sentencing Council have drafted will blow a hole in border enforcement. Yet again, they are acting in a way that disregards Parliament's will.

"That's why I brought forward a Bill to restore ministerial oversight to the council, but shamefully Labour opposed it. The Justice Secretary has chosen to be powerless to stop madness like this and the two-tier sentencing rules."

Research indicates that the Sentencing Council's proposed punishments for serious immigration offences fall short of the maximum jail terms suggested by the Government.

The Council has advised a custody range of 10 to 16 years for people smuggling, despite the Nationality and Borders Act stipulating life imprisonment as the maximum penalty.

First-time offenders could also receive lighter sentences, even though it is probable that most would not have previously been in the country.

According to Mr Jenrick's findings, the starting point for illegal entry can be as minimal as six months' imprisonment when harm and culpability are considered low.

Even with the highest levels of harm and culpability, the sentencing range is between one year and six months to three years in custody, which is still below the maximum four-year prison term.

For the offence of possessing false ID documents, the council suggests a starting point of nine months in prison for the most severe harm, and a community order for lesser harm. The maximum statutory penalty for this crime is two years imprisonment.

A Sentencing Council spokesperson said: "The draft guidelines for these offences proposed higher sentences for the most serious offending behaviour whilst maintaining current sentencing practice for less serious offending.

"The guidelines as a whole are designed to cover the full range of offending from the least to the most serious, while leaving headroom for the very most extreme offences.

"Judges and magistrates can sentence outside guidelines if they feel it is in the interests of justice to do so."