Sashy Nathan Sashy Nathan

Understanding Criminalisation - Why some young people seeking asylum come into contact with the criminal justice system

Commons Law CIC and the Migrants' Law Project (part of Asylum Aid) have undertaken research about the criminalisation of young people seeking asylum.

The research found that young people seeking asylum in the UK are often particularly vulnerable due to their life experiences before, during, and after migration. Systems of accommodation and support in the UK, provided by local authorities and the Home Office, increase this vulnerability. Behaviours that arise from this increased vulnerability (such as offending behaviours) are surveilled and disciplined through contact with the police. Some young people are criminalised for minor offences, however, due to their immigration status, the consequences of criminalisation are potentially greater for them than for other young people. Young people vulnerable to exploitation, by way of trafficking or modern slavery, are not always protected from being criminalised.

This report makes use of casework data, interviews, and a review of the literature to present a comprehensive study into why some young people seeking asylum are in touch with the criminal justice system - and makes recommendations to reduce and prevent criminalisation. A second report (to be published shortly) seeks to understand the experiences of young people within the criminal justice system and the outcomes.


Read the
executive summary and the full report.

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Commons Sense 08 – Supporting criminalised communities

On 24 November 2022, given the increasing criminalisation of political activism in the UK, Commons hosted a roundtable event to talk through the legal and social issues connected to criminal cases and what more can be done to support vulnerable communities.

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Commons Sense 07 – Holistic defence webinar

On Wednesday, 27 April 2022, Commons, the criminal law firm for social justice, hosted an exclusive online panel event discussing how holistic defence has a key role to play in the future of the UK criminal justice system.

The event was chaired by Sashy Nathan, co-founder of Commons and featured:

- Justine Olderman, Executive Director of the Bronx Defenders Service
- Luke Clements, Cerebra Professor of Law at Leeds University
- Sue James, CEO of the Legal Action Group
- Chris Blewitt, Crisis Navigator at Commons

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Commons Sense 01 – Disclosure

For our first Commons Sense we thought we would shine our (rechargeable) battery operated torch of truth on an under reported, little discussed issue in the criminal justice system; disclosure.

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