James Harrison and Ethan Dighton conduct case involving novel facts, novel law, and potential national significance

Ethan prosecuted James in what is thought to be the first trial of its kind in England and Wales.

MA was one of 79 migrants in a rigid-hulled inflatable boat that attempted to cross the Channel from France to the Kent coast on 12.08.25. The boat was intercepted by the UK Border Force and it was apparent that MA was piloting the boat, a fact which he admitted during his various interviews.

In turn, MA was prosecuted for offences contrary to s.24 and s.25 of the Immigration Act 1971. He pleaded guilty to the former – that he had attempted to enter the UK without valid entry clearance – but denied that he had facilitated the crossing for the other 78 migrants, and consequently he pleaded not guilty to the latter.

This trial was thought to be unique insofar as it is the first time a pilot of a small boat has been tried by a jury, accused of assisting unlawful immigration.

During the trial, the Prosecution evidence included text messages that were sent to and from MA’s phone to suspected members of an organised crime group in France. The messages included requests for MA to turn back as he was told that there was insufficient fuel in the boat, and a photograph that had been taken of him on his phone was sent back in response. In addition, two pins had been dropped in the mapping application on his phone three days before the crossing, which the Prosecution asserted was indicative of pre-planning.

The Defence case involved an excusatory defence; MA admitted that he had committed the s.25 offence but had only done so because it had been necessary for him to take control of the boat given its overladen nature and the inherent danger of crossing one of the busiest shipping lanes in the world.

Ultimately, the jury acquitted MA by majority.

Ethan was instructed by CPS South East. James was instructed by Reeves & Co Solicitors.