THE Sentencing Council faced fresh anger last night after proposing softer punishments that could let immigration offenders dodge deportation.
Hundreds could remain under guidance for judges that puts the starting point for border crimesbelow 12 months’ jail — the threshold that triggers their removal.
Shadow Justice Secretary Robert Jenrick warned the draft rules would be “catnip for human rights lawyers”;.
The Sentencing Council — an independent quango — is already on the rack over recent “two-tier”; guidance to go easier on ethnic minority criminals.
Its latest consultation puts the starting sentence for “knowingly entering the UK without valid entry clearance”; at six months if offenders claim to have fled persecution or been coerced.
Foreign criminals guilty of “deception”; tactics to stay in the UK could escape with a community order.
Possessing false documents could be met with just six months’ jail.
Long jail terms are recommended for the worst offenders with 14 years the starting point for facilitating border crimes — although ministers recently passed laws to make it life.
Even longer sentences can be slashed for those with diminished “culpability”; such as being forced into crime.
The guidance also instructs judges to consult the Equal Treatment Bench Book when passing sentence.
It warns that the press and some political debate fuels “negative perceptions of migrants, refugees and people seeking asylum”;.
Mr Jenrick said the guidance would see immigration criminals make bogus claims to get a lesser sentence.
He said: “These soft Sentencing Council guidelines blow a hole in border enforcement. Hundreds of foreign offenders a year will be able to game the system to avoid deportation.”;
The Sentencing Council said the guidelines were designed to cover the full range of offending while leaving headroom for the very most extreme offences.
A council spokesman said: “Judges and magistrates can sentence outside guidelines if they feel it is in the interests of justice to do so.”;
