PARLIAMENTARY WRITTEN QUESTION
Sham Marriage: Prosecutions (29 October 2014)

Offences of breaching immigration law may be prosecuted by way of Section 25 of the Immigration Act 1971 (assisting unlawful immigration to a European Union Member State) or by way of Section 1 of the Criminal Law Act (conspiracy).

The offence created by Section 25 of the Immigration Act 1971 encompasses both the offence of assisting illegal entry (whether by smuggling someone in a vehicle or by providing false documents for presentation at a port) or by assisting someone to remain by deception (for example, by entering into a sham marriage) which facilitate a breach of the immigration laws. Conspiracies to facilitate breaches of immigration law are charged by way of Section 1 of the Criminal Law Act 1977.

The records held by the Crown Prosecution Service (CPS) indicate the number of offences charged, in which a prosecution commenced at magistrates’ courts for assisting unlawful immigration or conspiracy. However it is not possible to disaggregate which of these offences relate to sham marriages rather than other immigration law breaches without reviewing individual case files which would incur a disproportionate cost.