New Guide Lines Shorter Prison Terms For Immigration Offences: Avoiding Deportation

[Social Media]

 

New guidelines from the Sentencing Council are set to recommend significantly shorter prison terms for immigration offences, potentially allowing hundreds of foreign nationals to avoid deportation. This development has triggered a strong response from Conservative politicians, who argue it undermines existing immigration law and weakens the UK’s borders.

 

The guidelines, which will be distributed to judges later this year, mark the first time the Sentencing Council has issued official direction on immigration-related offences. Minutes from a February council meeting reveal that the final version of these recommendations has been approved and will soon be published.

 

The guidance proposes sentencing far below the statutory maximums set by Parliament, with particular emphasis on keeping many sentences below the 12-month threshold. Under current UK law, foreign nationals sentenced to more than a year in prison become eligible for automatic deportation.

 

Among the key recommendations are suggested starting points of six months for the offence of knowingly entering the UK without permission—despite the legal maximum of four years. Similarly, offences involving deception to enter or remain in the UK are recommended to start at nine months, though they carry a two-year statutory maximum. Possession of false identity documents, which could incur up to 10 years in prison, is also advised to have a nine-month starting sentence.

 

The same recommendation applies to possession of false ID without a “reasonable excuse,” despite the offence being punishable by up to two years under current legislation.

 

The guidelines also recommend leniency for first-time offenders, suggesting that this should be treated as a mitigating factor. This has raised concerns since many such offenders are new arrivals to the UK with no prior legal status.

 

Shadow Justice Secretary Robert Jenrick was scathing in his criticism: “Under Two-tier Keir, immigration sentences are set to be watered down, meaning hundreds of foreign offenders will avoid the threshold for automatic deportation each year. This makes a complete mockery of Labour’s immigration gimmicks. The justice secretary’s representative signed this off and now our borders will be blown further open.

 

The only people benefiting from this Labour government are the trade unionists, criminals and illegal migrants. Starmer must accept my bill to block these ludicrous guidelines and sack the members of the Sentencing Council responsible for yet more madness.”

 

In defense of the new guidance, the Sentencing Council maintained that the proposals do not signal a softer stance but rather aim to reflect current sentencing trends and ensure consistency. “The guidelines for these offences proposed higher sentences for the most serious offending behaviour whilst maintaining current sentencing practice for less serious offending,” the council stated.

 

“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.”

 

A Ministry of Justice spokesperson added, “This government is committed to deporting eligible foreign national offenders as quickly as possible. Immigration offenders receiving sentences of less than 12 months can still be deported.”

 

Meanwhile, Labour’s proposed reforms are also drawing attention. The Refugee Council has expressed support for plans requiring migrants to attain higher English proficiency standards, a policy expected to be part of an upcoming white paper. “Refugees are desperate to improve their English,” said Enver Solomon, chief executive of the Refugee Council, “but they need better access to language education.”

 

Labour’s tougher stance includes extending the minimum wait for indefinite leave to remain from five to ten years in certain cases, mirroring pledges previously made by the Conservative Party. This has prompted accusations of policy mimicry from Conservative figures, including Shadow Home Secretary Chris Philp. “We will always work to put the national interest first,” he said. “If Labour were serious about doing the same, they would back our other proposals such as dis-applying the Human Rights Act and deporting all foreign criminals.”

 

The political debate over immigration is intensifying, particularly in light of Reform UK’s rising popularity. Following strong results in recent local elections, including a parliamentary seat gain from Labour, Reform UK’s hardline stance is pushing both main parties to sharpen their positions.

 

Official statistics highlight the pressure on the system, with net migration reaching a record 903,000 in the year to June 2023 before falling slightly to 728,000. As public concern grows, the battle over immigration sentencing and enforcement is set to remain a defining issue in British politics.

 

  Adapted by ASEAN Now from The Times  2025-05-10

 

 

[impulse]

2 hours ago, Social Media said:

The guidance proposes sentencing far below the statutory maximums set by Parliament, with particular emphasis on keeping many sentences below the 12-month threshold. Under current UK law, foreign nationals sentenced to more than a year in prison become eligible for automatic deportation.

 

I wonder what their motive is?  Well, not really.  It seems pretty clear...

 

[Gsxrnz]

One could be excused for thinking the entire political class are fifth columnist traitors. 

[gargamon]

I don't understand all this anti-immigration nonsense. Many on the right think the world needs lots more people because of the declining birth rates. Wouldn't that mean they want more immigrants?

 

Maybe they only want new whites.