Two males in court over Channel deaths investigation

People thought to be migrants were rescued by the RNLI on Tuesday

Two males have appeared in court charged with immigration offences, after an investigation into the deaths of five migrants in the Channel.

Three men, a woman and a seven-year-old girl died in a crush on board a boat carrying 112 people on Tuesday.

Two males, from South Sudan and Sudan, appeared in court on Friday.

They originally appeared at Folkestone Magistrates Court - but questions were raised about their ages and so the case was moved to Folkestone Youth Court.

The issue arose as the male from South Sudan appeared via video link at Folkestone Magistrates' Court and was asked to confirm his age and date of birth.

He told the court he was born in 2008 which led to proceedings being adjourned to clarify the age assessment.

The two defendants said they were 15 and 16 years old and their case was brought back to Folkestone Youth Court.

Defendants in youth court are granted automatic anonymity so are not being named.

District judge William Nelson said there was "real doubt" over the defendants' ages.

"In my judgment there is real doubt, the doubt is not fanciful," Mr Nelson said.

"I cannot look at both defendants and determine unequivocally they are over the age of 18 and where there is competing evidence to the contrary, the correct course of action recognising the rights of defendants, especially those of children, is to adjourn the proceedings for an assessment, and ... to treat the two defendants as children unless or until that is proved to be otherwise."

The male from South Sudan is charged with assisting unlawful immigration and attempting to arrive in the UK without valid entry clearance, and the other is charged with attempting to arrive in the UK without valid entry clearance.

Age assessments were completed by immigration officers and social workers which deemed them to be in their early 20s. But the age assessments were not "Merton compliant" - which is a type of age assessment which government guidance says is needed when there is reason to doubt an individual's claimed age.

Mr Nelson adjourned the case to the same court for 30 April, and remanded the individuals into local authority accommodation.

The National Crime Agency had said it is working with Kent Police, Immigration Enforcement and Border Force to support the French-led investigation into the incident on the beach near Wimereux in northern France on Tuesday.