Channel Tunnel Security Breach Convictions Upheld By Court of Appeal

R v Miharessari [2016] EWCA Crim 1733 (asylum seekers breaching Channel Tunnel security).  Ben represented the Crown and submitted that (1) there had been no abuse of process in charging the appellants with a 19 Century offence which had the effect of depriving them of the refugee defence under s.31 of the Immigration and Asylum Act 1999; and (2) the offence of obstructing an engine was made out when the Channel Tunnel rails were powered down as a result of asylum seekers penetrating tunnel security.