Migrant Rights

Over the last decade, Governments of both major parties have increasingly relied on criminal punishments to dissuade migrants from coming to or staying in the UK: every other year a wave of new offences are created, and prison sentences are lengthened. At the same time, the negative consequences of being criminalised are expanded - whether that be with the threat of deportation, or an inability to work, reunite with family or gain citizenship. 

At Commons we believe that people seeking refuge in the UK should be treated with understanding and dignity. We also observe through the experience of some of our clients how a national policy of punishing migrants and excluding them from mainstream society can have unintended consequences - pushing people into criminality and depredation whilst failing to deter others from arriving in ways that risk their safety. 

To challenge the status quo, Commons are building a nationwide ecosystem of criminal justice practitioners with an expertise in representing migrants. It is a place to share practice, collect data, research client experience, develop strategic challenges and advocate for policy change. Some of examples of our work so far include:

Young Migrants Report

In 2024 and 2025, with funding from AB Charitable Trust and in collaboration with Migrants' Law Project, we launched two reports about young migrants caught up in the Criminal Justice System. Our findings and recommendations were based on 3 years of casework, as well as interviews with young migrants and the professionals who support them. You can read the reports and executive summary here. 

Community of Practice 

We have built an online space for those who share our concern about the experiences of people seeking asylum in the criminal justice system. You can connect with other members by signing up here. 

Strategic Legal Challenge

Following our representation of individuals prosecuted for arriving in the UK unlawfully, we are concerned that CPS charging practice in this area breaches the Refugee Convention. With funding from the Baring Foundation we are researching this area of law with a view to a possible legal challenge. 

Trainings

We regularly provide training to young migrants and other professionals about areas of criminal law which most affect them. We have also created open source materials, such as this video on obtaining legal representation. 

Nationality Report 

In 2000, with funding from the Strategic Legal Fund, Commons published "The State of Innocence", a study into the impact of defendants having to give their nationality in Court. Our work led in part to the removal of this requirement from the Criminal Procedure Rules. 

If you are interested in our work in this area and want to discuss any element of it, please contact our project lead Grace Loncraine on grace@commons.legal