A, R. v (Rev 1) [2020] EWCA Crim 1408 (29 October 2020)

A, R. v (Rev 1) [2020] EWCA Crim 1408 (29 October 2020)

The enactment of the Modern Slavery Act 2015, including Schedule 4, fills the legislative lacuna and limits the abuse of process jurisdiction. CPS guidance and statutory defences provide adequate safeguards. The seriousness of the aggravated burglary, lack of extinguished culpability, and evidence of autonomy mean the public interest favoured prosecution. The conviction is safe; leave to appeal is refused.

Citation
[2020] EWCA Crim 1408
Parties
Respondent: REGINA; Applicant: A
Jurisdiction
England and Wales
Judgment Date
29 October 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction Based on Fresh Evidence
Outcome
application for leave to appeal refused; conviction upheld
Legal Topics
Abuse of Process, Statutory Defence Under Modern Slavery Act 2015, Public Interest in Prosecution, Victims of Trafficking, CPS Guidance, Schedule 4 Offences
Criminal Law Human Trafficking Modern Slavery Abuse of Process Statutory Defence Under Modern Slavery Act 2015 Public Interest in Prosecution Victims of Trafficking CPS Guidance +1 more

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Parties

REGINA

Respondent

A

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction Based on Fresh Evidence

Legal Issues

  1. 1 Whether the conviction is unsafe due to applicant's status as a victim of trafficking
  2. 2 Whether CPS failed to properly apply public interest and nexus tests in prosecuting a trafficking victim
  3. 3 Whether abuse of process jurisdiction survives post-Modern Slavery Act 2015 for Schedule 4 offences

Ratio Decidendi

The enactment of the Modern Slavery Act 2015, including Schedule 4, fills the legislative lacuna and limits the abuse of process jurisdiction. CPS guidance and statutory defences provide adequate safeguards. The seriousness of the aggravated burglary, lack of extinguished culpability, and evidence of autonomy mean the public interest favoured prosecution. The conviction is safe; leave to appeal is refused.

Court Disposition

application for leave to appeal refused; conviction upheld

Orders

  • indefinite anonymity order under s.11 Contempt of Court Act 1981