A, R. v (Rev 1)

A, R. v (Rev 1)

The Modern Slavery Act 2015 and CPS guidance provide adequate safeguards for trafficking victims; the seriousness of aggravated burglary and the applicant's high culpability mean prosecution was justified; fresh evidence does not establish sufficient compulsion or nexus to render conviction unsafe; abuse of process jurisdiction does not extend to immunise prosecution in this context.

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 against conviction refused
Legal Topics
Abuse of Process, Statutory Defence, Public Interest, Trafficking Victim Prosecution, Aggravated Burglary
Criminal Law Human Trafficking Modern Slavery Abuse of Process Statutory Defence Public Interest Trafficking Victim Prosecution Aggravated Burglary

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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 of a trafficking victim for aggravated burglary is unsafe due to abuse of process
  2. 2 Whether CPS properly applied guidance and public interest test in prosecuting a trafficking victim
  3. 3 Whether fresh evidence of trafficking status affects the safety of conviction

Ratio Decidendi

The Modern Slavery Act 2015 and CPS guidance provide adequate safeguards for trafficking victims; the seriousness of aggravated burglary and the applicant's high culpability mean prosecution was justified; fresh evidence does not establish sufficient compulsion or nexus to render conviction unsafe; abuse of process jurisdiction does not extend to immunise prosecution in this context.

Court Disposition

application for leave to appeal against conviction refused

Orders

  • application for leave and extension of time refused
  • order for anonymity under s.11 Contempt of Court Act 1981 granted