Facilitating Illegal Entry (Section 25 Immigration Act 1971)

Immigration Act 1971, s.25

Either way
Life imprisonment

Definition

A person commits an offence if he (a) does an act which facilitates the commission of a breach or attempted breach of immigration law by an individual who is not a national of the United Kingdom, (b) knows or has reasonable cause for believing that the act facilitates the commission of a breach or attempted breach of immigration law by the individual, and (c) knows or has reasonable cause for believing that the individual is not a national of the United Kingdom. (Immigration Act 1971, s.25(1)) In subsection (1) "immigration law" means a law which has effect in a member State or the United Kingdom and which controls, in respect of some or all persons who are not nationals of the State or, as the case may be, of the United Kingdom, entitlement to (a) enter or arrive in the State or the United Kingdom, (b) transit across the State or the United Kingdom, or (c) be in the State or the United Kingdom. (Immigration Act 1971, s.25(2))

Points to prove

A person
does an act which facilitates the commission of a breach or attempted breach of immigration law
by an individual who is not a national of the United Kingdom
knows or has reasonable cause for believing that the act facilitates that breach or attempted breach
and knows or has reasonable cause for believing that the individual is not a national of the United Kingdom

Facilitating Illegal Entry is an offence under s.25 Immigration Act 1971, headed "Assisting unlawful immigration to member State or the United Kingdom". A person commits the offence if he does an act which facilitates the commission of a breach or attempted breach of immigration law by an individual who is not a national of the United Kingdom, knows or has reasonable cause for believing that the act facilitates that breach or attempted breach, and knows or has reasonable cause for believing that the individual is not a national of the United Kingdom (s.25(1)). "Immigration law" means a law which has effect in a member State or the United Kingdom and which controls, in respect of some or all persons who are not nationals, entitlement to enter or arrive in, transit across, or be in the State or the United Kingdom (s.25(2)). Subsection (1) applies to things done whether inside or outside the United Kingdom (s.25(4)). Maximum sentence: on conviction on indictment, imprisonment for life, a fine or both; on summary conviction, imprisonment for a term not exceeding six months, a fine not exceeding the statutory maximum or both (s.25(6)). The life maximum was substituted by the Nationality and Borders Act 2022, s.41(2), with effect from 28 June 2022.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. The charging decision rests with the CPS (not police). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: Life imprisonment
Act and section: Immigration Act 1971, s.25
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); and if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or anyone whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question, for example to allow the prompt and effective investigation of the offence or of the conduct of the person in question (s.24(4), (5)(e)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: A constable may search an arrested person, where the person has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)); may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)); and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)), in each case only to the extent reasonably required for discovering any such thing or evidence (s.32(3)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)); the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing (s.18(4)), save where the presence of the person at a place other than a police station is necessary for the effective investigation of the offence (s.18(5), (5A)) (Police and Criminal Evidence Act 1984, s.18).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)), the period running from the relevant time, which in the ordinary case is the time at which the person arrested arrives at the first police station to which he is taken after his arrest (s.41(2)(d)). Because the offence is triable either way it is an indictable offence (Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise detention for a period expiring at or before 36 hours after the relevant time, where detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning and the investigation is being conducted diligently and expeditiously (Police and Criminal Evidence Act 1984, s.42(1)). A magistrates' court may, on an application on oath by a constable supported by an information, issue a warrant of further detention for a period of not more than 36 hours (s.43(1), (12)), and may extend that warrant by periods of not more than 36 hours ending no later than 96 hours after the relevant time (Police and Criminal Evidence Act 1984, s.44(1), (3)).
Source: www.legislation.gov.uk/ukpga/1971/77/section/25