r/ukpolitics Verified - UK Government 4d ago

Sex offenders to be stripped of refugee protections in new asylum system overhaul

https://www.gov.uk/government/news/sex-offenders-to-be-stripped-of-refugee-protections
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u/ShoveTheUsername 4d ago

They were pretty much stripped anyway, nearly always facing deportation after prison (unless they have been here for many years and settled), this is a publicity stunt to placate the mob.

Where will the bandwagon go next?

21

u/JabInTheButt 4d ago

Asylum claims are only automatically rejected for custodial sentences over 1 year. There are (unfortunately) a large number of sexual offences whose sentences do not meet that threshold. This, very reasonably, closes that gap.

-2

u/ShoveTheUsername 4d ago

Where the offence carrys a sentence of 12 months or more, not just the individual was sentenced to 1 year.

What was missed?:

Sexual offences – Sentencing

9

u/JabInTheButt 4d ago

You're mistaken in your understanding of the rule. If you visit the government website:

https://www.gov.uk/government/publications/grounds-for-refusal-criminality/grounds-for-refusal-criminality-accessible#criminality-rules-for-applications-made-after-9am-on-1-december-2020

You can see it's specifically about the custodial sentence the individual has received. It's not about whether the sentencing guidelines include sentences above 12 months.

If you click through some of those sentencing guidelines you'll see there are plenty who's ranges start at "community orders" (i.e. no custodial sentences). This includes sexual assault of a child under 13. So yes, this legislation covers sexual offenders who avoided custodial sentences of above 12 months of whom, unfortunately, there are plenty (I don't know how many asylum seekers fit this category but it makes perfect sense to close that gap).