AAD, AAH, AAI v R

AAD, AAH, AAI v R

Convictions of AAH quashed as unsafe due to clear evidence of trafficking and compulsion, supported by SCA and First-Tier Tribunal decisions; prosecution would not have proceeded had evidence been available. Convictions of AAI and AAD upheld as no sufficient nexus or compulsion established between trafficking and offending, and section 45 defence not made out. Abuse of process jurisdiction remains available post-2015 Act but only in exceptional cases where CPS guidance or conclusive grounds decisions are not properly considered.

Parties
Appellant: AAD; Appellant: AAH; Appellant: AAI; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
02 March 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
AAH appeal allowed, conviction quashed; AAI and AAD appeals dismissed; sentence for AAI reduced.
Legal Topics
Modern Slavery, Human Trafficking, Abuse of Process, Anonymity Orders, Compulsion Defence, Non Punishment Principle, Admissibility of Evidence, Statutory Interpretation
Criminal Law Human Rights Immigration Law Modern Slavery Human Trafficking Abuse of Process Anonymity Orders Compulsion Defence +3 more

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Parties

AAD

Appellant

AAH

Appellant

AAI

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether convictions of victims of trafficking are unsafe due to failure to consider their status as VOTs
  2. 2 Admissibility of Single Competent Authority (SCA) conclusive grounds decisions on appeal
  3. 3 Survival and scope of abuse of process jurisdiction post-Modern Slavery Act 2015

Ratio Decidendi

Convictions of AAH quashed as unsafe due to clear evidence of trafficking and compulsion, supported by SCA and First-Tier Tribunal decisions; prosecution would not have proceeded had evidence been available. Convictions of AAI and AAD upheld as no sufficient nexus or compulsion established between trafficking and offending, and section 45 defence not made out. Abuse of process jurisdiction remains available post-2015 Act but only in exceptional cases where CPS guidance or conclusive grounds decisions are not properly considered.

Court Disposition

AAH appeal allowed, conviction quashed; AAI and AAD appeals dismissed; sentence for AAI reduced.

Orders

  • Anonymity orders granted for all appellants
  • AAH conviction quashed, no retrial ordered