CPS Prosecution Guidance on Immigration Offences
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance provides the Crown Prosecution Service's policy on prosecuting various immigration offences in the UK, covering illegal entry, facilitation of unlawful immigration, possession of false documentation, and related employment offences. It outlines evidential considerations, public interest factors, and relevant statutory defences, particularly as they relate to refugees and asylum seekers. The guidance also includes details about recent amendments to offences and sentencing considerations.
Key points
- Prosecutors must consider both statutory defences and public interest factors when deciding whether to charge immigration offences.
- Relevant recent legislation includes the Nationality and Borders Act 2022 and Border Security, Asylum and Immigration Act 2025 which introduced new offences.
- Consent from the Secretary of State is required for certain Admiralty offences.
- Cases may be complex due to the intersection of immigration law and human trafficking or modern slavery considerations.
- Prosecutors should engage early with officers to determine a prosecution strategy and identify evidence needed for cases.
Public-interest factors
- Likelihood of deportation or removal
- Willingness of the suspect to assist in investigations
- Personal circumstances of the suspect
- Age or health status of the suspect
- Previous criminal history
- Nature of the offending
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.