TOP judges stirred up fresh anger last night for proposing soft punishments that would let immigration offenders dodge deportation.
Draft guidance for judges puts the “starting point” for a range of border crimes at less than 12 months in prison – the threshold that triggers their removal.
Shadow Justice Secretary Robert Jenrick warned the draft rules would be “catnip for human rights lawyers”.
The Sentencing Council — an independent quango made up of senior legal figures — is already on the rack, accused of creating a two-tier justice system with its guidance to go easier on ethnic minority offenders for general crimes in the UK.
Its latest consultation puts the starting sentence for “knowingly entering the UK without valid entry clearance” at six months if offenders claim to have fled persecution or been coerced.
Foreign criminals guilty of “deception” tactics to stay in the UK could escape with a community order.
Possessing false documents could be met with just six months’ jail.
But long terms are recommended for the worst offenders, with 14 years the starting point for the most serious facilitation of border crimes — although ministers recently passed laws to make it life.
It is the first time the Sentencing Council has issued guidance on such immigration offences.
It also instructs judges to consult the Equal Treatment Bench Book when passing sentence, warning that the Press and some political debate fuels “negative perceptions of migrants, refugees and people seeking asylum”.
Long sentences can also be slashed for those who claim diminished culpability, such as being forced into crime.
Tory Mr Jenrick said: “These soft Sentencing Council guidelines blow a hole in border enforcement. Hundreds of foreign offenders a year will be able to game the system to avoid deportation.”
[bc_video account_id=”5067014667001″ application_id=”” aspect_ratio=”16:9″ autoplay=”” caption=”Hamas fanatic FILMS himself arriving in Britain on small boat after terror thug posted pics with assault rifles” embed=”in-page” experience_id=”” height=”100%” language_detection=”” max_height=”360px” max_width=”640px” min_width=”0px” mute=”” padding_top=”56%” picture_in_picture=”” player_id=”default” playlist_id=”” playsinline=”” sizing=”responsive” video_id=”6369793867112″ video_ids=”” width=”640px”]The Sentencing Council said the guidelines were designed to cover the full range of offending while leaving headroom for the most extreme offences.
A spokesman said: “Judges and magistrates can sentence outside guidelines if they feel it is in the interests of justice.”
