A judge has ordered that money forfeited from drug cases should be sent to a fund with connections to that backs a charity that supports illegal migrants facing deportation.
Since October, half of all cash forfeited under the Misuse of Drugs Act at Lewes Crown Court has been sent to charity The Sussex Community Foundation, GB News can reveal.
The order was made by Judge Christine Laing, who is the most senior judge in Brighton and Hove.
Money forfeited under Section 27 of the act usually goes to the police and the Home Office, but judges can request it fund local charities instead.
Sussex Community Foundation received millions in donations last year, which included £227,330 from two Government grants.
The fund backs several local initiatives in Sussex, including in education and disability support, plus grants for a charity that provides English conversation classes for refugees and asylum seekers.
But among the charities it backs is the Gatwick Detainees Welfare Group, which it gave a five-figure sum in the last financial year, and additional funding in 2023. Neither of these previous donations were connected in any way to funds gathered from Lewes Crown Court.
The charity supports illegal migrants facing deportation for overstaying in the country or failing in their asylum applications and being subject to removal.
Money forfeited under Section 27 of the act usually goes to the police and the Home Office
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The Gatwick Detainees Welfare Group says that its 70 volunteers “visit and befriend people held in immigration detention” while also helping those facing deportation to access legal support.
Sussex Community Fund’s head of philanthropy told GB News that it had yet to make any grants from its fund from Lewes Crown Court. It did not respond when asked how it intended to use any funds received from Lewes Crown Court.
Recipients of funds from the Misuse of Drugs Act should be small charities working in the local area.
Their work must not be inconsistent with the statutory aims of the Misuse of Drugs Act 1971 or the Proceeds of Crime Act 2002 and they must not act or work in a manner likely to bring the justice system into disrepute. There is no suggestion that the Sussex Community Foundation fails to comply with this requirement.
But it is unclear if there is a legally enforceable standard on how the funds received must be used.
In a statement, the judiciary said that money was being sent to the foundation with the “express intention” that its use has a bearing on the criminal justice system.
A Judicial spokesperson said: “Judges in Lewes Crown Court agreed to award 50 per cent of all monies forfeited to the court in any Case under the Misuse of Drugs Act 1971 to the Sussex Community Foundation, with the express intention that the funds should benefit charities which have a bearing on the Criminal Justice system.
“The Foundation then manages the funds it receives as a result of this forfeiture process.”
Gatwick Detainees Welfare Group was contacted for comment.