Case Explained: Boy charged with endangering lives of migrants in Channel crossing under controversial new law – Legal Perspective

A child has been charged with endangering others during a small boat Channel crossing to the UK under a controversial new law.

The boy, who cannot be identified for legal reasons, is currently in the care of the local authority after arriving in the UK earlier this year.

Despite the him being assessed to be a child under the age of 18, the Crown Prosecution Service (CPS) argued the prosecution was in the public interest due to the “seriousness of the offence”.

The new offence came into force under the Border Security, Asylum and Immigration Act, which became law in December, and covers any journey to the UK by water from France, Belgium or the Netherlands.

A conviction for endangerment carries a maximum sentence of five years in prison for an adult, or six years if the person has knowingly entered the UK in breach of a deportation order.

Gary Willmott, for the prosecution, told Canterbury Crown Court on Tuesday that the child had been seen piloting the small boat.

Judge James, the honorary recorder of Canterbury, asked Mr Willmott to explain why the CPS was pursuing the prosecution of the child given that the only available conviction would be a referral order, which requires a young person to meet with a panel of people who support rehabilitation.

Judge James asked Mr Willmott “at what level that [CPS] decision has been taken, considering that we have on all the available evidence a child before the Crown Court”.

Mr Willmott told the court that the CPS review of the charge “notes the seriousness of the offence”, adding: “[The defendant] was seen piloting the boat. There was the endangerment of lives of a large number of people.”

“If the Crown decided not to prosecute, other people may see using young people as a tactic to pilot boats and see this as an opportunity to not be prosecuted,” he said.

Mr Willmott said that some migrants on the dinghy did not have life jackets.

Judge James told the child through a Dari interpreter that “the decision to prosecute children is not a matter on which I am able to comment on. It is a decision which lies entirely with the Crown Prosecution Service”.

He added: “They will have to demonstrate that they have followed the necessary protocols and taken account of the various conventions dealing with the criminalisation of children.

“The case will have to be remitted to the youth court. In the interim, clearly the defence will have to consider whether they seek to judicially review the continuance of the prosecution.”

A date has yet to be set for trial at the youth court.