Two defendants facing serious immigration-offence allegations arising from the movement of people into the United Kingdom through Dover have both been found not guilty following a full trial at Canterbury Crown Court.
The case took considerable time to reach trial. Detailed preparation of the evidence and focused cross-examination were central to the defence. After hearing the prosecution and defence cases, the jury was not satisfied that the Crown had proved its case against either defendant. Both were acquitted.
Serious allegations connected with the Dover border
Cases involving alleged facilitation of unlawful entry can be complex and may include evidence gathered across different countries and agencies. The prosecution material may involve telephone downloads, messages, travel records, vehicle evidence, border records, financial material and accounts from numerous witnesses.
The precise allegation and the elements the prosecution must prove depend on the charge. The Crown Prosecution Service guidance on immigration offences covers offences including facilitating unlawful entry or arrival. Relevant offences may arise under the Immigration Act 1971.
Meticulous preparation before trial
A lengthy wait for trial can produce a substantial volume of evidence. Effective representation requires more than reading the prosecution papers. The defence must test the chronology, identify gaps or inconsistencies, examine what each defendant is alleged to have known and challenge whether the evidence proves participation in any criminal arrangement.
Preparation may require:
- careful analysis of messages, calls and mobile-phone attribution;
- comparison of travel, border and vehicle records;
- testing the reliability and accuracy of witness accounts;
- identifying disclosure that may assist the defence;
- separating the evidence against each defendant; and
- precise cross-examination of the prosecution witnesses.
Jury not satisfied of the Crown’s case
The burden remained on the prosecution throughout the trial. Following the presentation of the evidence and the defence challenges made through cross-examination, the jury was not sure of the Crown’s case. It returned not-guilty verdicts for both defendants.
The result shows the importance of treating each defendant and every part of the evidence separately. Serious allegations do not reduce the prosecution’s obligation to prove the case so that the jury is sure.
Need an immigration offence defence solicitor?
If you are accused of facilitating unlawful immigration, a border-related offence or an associated conspiracy, contact Ghafar Khan. Mr Khan is a Criminal Defence Solicitor and High Court Advocate experienced in serious, complex and multi-defendant criminal proceedings throughout England and Wales.
24/7 mobile: 07500 556587
Telephone: 03330 110 210
Email: notguilty@ghafarkhan.com
#CALLGFA
This anonymised case summary is provided for general information. Every case depends on its own facts and evidence, and a previous outcome does not guarantee a future result.