Boy charged with endangering lives of migrants in Channel crossing under controversial new law

A boy has been charged with endangering others while crossing the Channel to England in a small boat under a controversial new law.

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

Although he was considered a child under 18, the Crown Prosecution Service (CPS) argued that the investigation was in the public interest due to the “seriousness of the offence”.

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

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

Gary Willmott, prosecuting, told Canterbury Crown Court on Tuesday the boy was seen driving the small boat.

Judge James, honorary registrar of Canterbury, asked Mr Willmott to explain why the CPS was prosecuting the boy, given that the only existing conviction would be a referral order requiring a young person to meet a panel of people supporting rehabilitation.

Judge James asked Mr Willmott “to what extent this is”. [CPS] “The decision was made before the Crown Court on the basis of all available evidence that we have a child.”

Mr Willmott told the court the CPS’s review of the charge “highlighted the seriousness of the offending”, adding: “[The defendant] He was seen driving the boat. “The lives of many people are in danger,” he said.

“If the Crown decides not to prosecute, other people may see using young people to pilot boats as a tactic and see it as an opportunity to avoid being sued,” he said.

Mr Willmott said some of the migrants on the boat did not have life jackets.

Judge James told the boy through his Dari translator: “The decision to prosecute the boys is not a matter for me to comment on. It is a decision that is entirely the responsibility of the Crown Prosecution Service.”

He added: “They will need to show that they have followed the necessary protocols and taken into account the various conventions on the criminalization of children.

“The case will need to be referred to the youth court. In the meantime, the defense will obviously need to consider whether they wish to seek judicial review of the continuation of the prosecution.”

A date has not yet been set for the youth court hearing.