41 Assisting unlawful immigration or asylum seeker
Nationality and Borders Act 2022 (2022 c 36) | Legislation

41  Assisting unlawful immigration or asylum seeker

(1)     The Immigration Act 1971 is amended as follows.

(2)     In section 25(6)(a) (assisting unlawful immigration to member State or the United Kingdom: penalties) for “imprisonment for a term not exceeding 14 years” substitute “imprisonment for life”.

(3)     In section 25A(1)(a) (helping asylum seeker to enter United Kingdom) omit “and for gain”.

(4)     Before section 25C insert—

“25BA Facilitation offences: application to rescuers

(1)     A person does not commit a facilitation offence if the act of facilitation was an act done by or on behalf of, or co-ordinated by—

(a)     Her Majesty's Coastguard, or

(b)     an overseas maritime search and rescue authority exercising similar functions to those of Her Majesty's Coastguard.

(2)     In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show that—

(a)     the assisted individual had been in danger or distress at sea, and

(b)     the act of facilitation was an act of providing assistance to the individual at any time between—

(i)     the time when the assisted individual was first in danger or distress at sea, and

(ii)     the time when the assisted individual was delivered to a place of safety

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