Two men have been jailed under the new offence of endangering others during a journey at sea.
The two small-boat pilots are the first to be sentenced under the new law, which came into force in January as part of government efforts to counter small boat crossings.
Mohammad Tajik, a 32-year-old Afghan national, and Alnour Ali, 26, from Sudan, were jailed at Canterbury crown court for two years and 27 months respectively.
Sentencing them, the judge, Simon James, said: “The inherent dangers of seeking to navigate one of the busiest shipping lanes in the world in a vessel which was never designed to undertake such a journey are obvious.
“However, the risk of death and serious injury are significantly increased when boats have no navigational aides, are overcrowded and those on board are not adequately equipped with safety equipment.”
The Border Security, Asylum and Immigration Act 2025 introduced the criminal offence of endangering another during a journey by sea to the UK from France, Belgium or the Netherlands.
Under the offence, those who endanger or risk another life at sea could face up to five years in prison, or up to six years if they are in breach of a deportation order.
Tajik (left) and Ali both pleaded guilty to endangering others at sea. Photograph: National Crime Agency/PA Wire
Tajik was the first to be convicted under the new law, having pleaded guilty at Canterbury crown court on 21 April. According to the Crown Prosecution Service (CPS), the 32-year-old abandoned the dinghy he was piloting across the Channel on 17 January when a rescue ship arrived.
The boat was overcrowded and some passengers were not wearing lifejackets during the attempted crossing in poor weather conditions, the CPS said.
Ali admitted the charge of endangering others during a sea crossing on 9 April at the same court in May. That day, two men and two women drowned after being swept away by strong currents while trying to climb on to a dinghy at Equihen-Plage, near Boulogne-sur-Mer in France.
James said there was “no suggestion” Ali should be held accountable for the “tragic death” of others.
During sentencing, the judge said that footage of the boat Ali had piloted showed people “packed into every inch of available space”. It was “down to luck and good fortune” that those onboard had been rescued before coming to serious harm, he said.
After his conviction, Emma Brown, a National Crime Agency branch operations manager, said: “Working with colleagues at home and abroad, we are determined to do all we can to identify and bring to justice those responsible for small boat crossings.
“The tragic deaths illustrate again how perilous these crossings are and the callous nature of the criminals organising them.”
In both cases, the judge said the Home Office would independently decide whether the men should be allowed to remain in the UK. As the sentences are over 12 months, they will be automatically considered for deportation by the Home Office.
