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Assisting unlawful entry into a EU member state

A person commits an offence if she

·       does something which facilitates – that means makes easier – the commission of a breach of an immigration law controlling entry into a state by someone who is not a citizen of the European Union;

·       knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law; and

·       knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

It does not seem to be disputed that D** knew that C** was not an EU citizen.

The prosecution case is that D** obtained a false passport, probably in the name of ***, to get C** into this country, and bought the aeroplane ticket, with which C** flew to this country.  If she did do that, and she had the relevant knowledge, she is guilty of Count *.

D** denies this.  She says that she had nothing to do with C**’s ticket or the passport on which she travelled.  She denies that she knew that she was travelling using a false passport.  If that is right, she is not guilty of Count *.

So, the key question for you to answer in relation to Count *, having regard to all the evidence and the directions which I give you is

Are you sure that D** obtained the false passport and/or bought the aeroplane ticket to get C** into this country, when otherwise permission to enter would have been refused?

If the answer is “yes”, D** is guilty of Count *.  If the answer is “no”, she is not guilty of Count *.

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