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04 July 2025
Issue: 8123 / Categories: Legal News , Immigration & asylum , Criminal , National security , International
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NLJ this week: In hot water? Defending small boat pilots post-Borders Act

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Writing in NLJ this week, Aneurin Brewer of Red Lion Chambers offers a practical defence guide for small boat pilots charged under the Immigration Act 1971, as amended by the Nationality and Borders Act 2022

Brewer explains how the new offences—particularly s 24(D1) and s 25—have made it harder for asylum seekers to defend themselves, despite often being coerced into piloting. He highlights the importance of prosecutorial discretion and the potential for abuse of process arguments, especially where CPS guidance is ignored.

Brewer also explores the unusual mens rea in s 25(1)(b), arguing that genuine ignorance of the law may still offer a defence. With sentencing thresholds triggering deportation risks, many defendants are incentivised to plead to lesser charges.

Brewer’s analysis is essential reading for defence lawyers navigating this complex and politically charged area of law.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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