Illegal Immigrants and Smuggling

Illegal Immigrants

Overstayer in the UK

An overstayer is a person who exceeds his stay in the UK without the prior permission or knowledge of the UK government. He neither left the country on the due date mentioned in his official document issued by governing authority nor asked for the leave or his stay to be extended.

Illegal Entrant to the UK

An illegal entrant is a person who:

  • Is entering or seeking to enter the boundary of the UK by means of deception by another person.
  • Is not permitted leave to enter or remain in the UK and is liable to be detained by an immigration officer.
  • Is unlawfully entering or seeking to enter in breach of immigration laws or deportation order.

Smuggling is related to illegal transportation of objects, prohibited substances, people or information such as into a prison, out of official premises or across an international border, which may violate laws or other regulations governing to that specific area, boundary or border.

Current smuggling trends in the UK involve mainly cigarettes; alcohol and hand rolling tobacco this usually involves experienced criminal organizations.

Conspiracy to Defraud

Conspiracy can cause real worry to a person who faces prosecution or investigation. A conspiracy may occur when two or more people agree to commit an offence even though they never act upon the agreement. In a wider sense conspiracy is often linked with organized crime.

Conspiracy exists both as a common law and as a statutory offence governs by the Criminal Law Act 1977. The preliminary requirements are very similar to both the law but the statute defines the offence in various distinct details.

Requirements for Conspiracy

For an offence to be committed the following elements are needed:

  • Two or more people agree to carry out a criminal offence.
  • There must be an intention to be party to an agreement to do an unlawful act.

Prosecution of Conspiracy

If the Crown Prosecution Service (CPS) seek to prosecute the charge of conspiracy it is likely that may be in reality the offence never took place it is just a kind of conspiracy. The CPS guidelines state that if prosecuting both offences and elect to either prosecute the conspiracy charge.


Please feel free to contact our Team of Regulatory lawyers who specialize in all the above-described matters related to Illegal Immigrants and Smuggling.

Illegal Immigrants and Smuggling

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