An Afghan national and a Sudanese national have been jailed at Canterbury Crown Court under the new small boats law. The two men are the first people to be sentenced for a new offence of endangering others during a Channel crossing. The case marks the first time the offence has been used to send people to prison since it came into force. Both men were sentenced at the same court hearing.
The two men were named in court as 32-year-old Mohammed Tajik, the Afghan national, and 26-year-old Al-Noor Ali, the Sudanese national. Tajik was jailed for two years, while Al-Noor Ali received a slightly longer term of two years and three months. The sentences were handed down on the same day, drawing attention because of their status as the first under the new law. The hearing was followed closely given the political weight of Channel crossings in the United Kingdom.
During the hearing, Tajik's barrister argued for a sentence of no more than 12 months. The judge, however, passed a term of two years. It was also stated that his case will now be looked at by the Home Office to see whether he is eligible for deportation, even though he has applied for asylum. The outcome tied the criminal sentence directly to a possible later removal from the country.
The new offence targets those accused of endangering the lives of others during a crossing of the English Channel in a small boat. It was introduced as part of efforts to deter dangerous journeys across one of the world's busiest shipping lanes. The prosecutions of Tajik and Al-Noor Ali are the first to result in custodial sentences under that specific charge. During the hearing, the court was shown video footage of Tajik steering the tiller on board a dinghy as it travelled across the Channel.
In the second case, the court heard details of the crossing linked to Al-Noor Ali. On the 9th of April, his small vessel left from just south of Boulogne-sur-Mer in northern France at about seven o'clock in the morning. There were 74 people on board, but only 19 life vests. When the vessel was found, it was dangerously underinflated, with people crammed on board and some seen with their legs dangling off the side.
Earlier that same day, two men and two women had died after getting into difficulty in the water in France. It was made clear during the court case that Al-Noor Ali had not been tried as part of those deaths. He said that he had been forced to take control of the boat by armed people smugglers in northern France. He was handed a sentence of 27 months, the equivalent of the two years and three months announced in court.
The Crown Prosecution Service said the sentences act as a stark warning to those who may commit the new offence. According to the CPS, if a person puts their hand on the tiller of a small boat crossing the Channel, they will go to prison. Prosecutors added that once such a person has served their sentence, arrangements will be made for them to be deported, and that they will not be free to roam the streets of the United Kingdom. The CPS said the cases are dealt with swiftly, with offenders in prison from the moment they set foot on UK soil to the moment they are deported.