AFU v R. (Rev1) [2023] EWCA Crim 23 (20 January 2023)

AFU v R. (Rev1) [2023] EWCA Crim 23 (20 January 2023)

The conviction is unsafe because the applicant, a victim of trafficking, was not properly identified or protected by the authorities, and was not adequately advised regarding a meritorious section 45 defence under the Modern Slavery Act 2015. The failures by police and prosecution, combined with the applicant's...

Source-derived case information.

Citation
[2023] EWCA Crim 23
Parties
Appellant: AFU; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Extension of Time
Outcome
Appeal allowed; conviction quashed
Legal Topics
Modern Slavery, Trafficking, Abuse of Process, Guilty Plea, Section 45 Defence, Unsafe Conviction
Criminal Law Human Rights Law Modern Slavery Trafficking Abuse of Process Guilty Plea Section 45 Defence Unsafe Conviction

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Summary, issues, holding and outcome

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Parties

AFU

Appellant

REX

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Extension of Time

Legal Issues

  1. 1 Whether the applicant's guilty plea was vitiated by inadequate legal advice regarding a potential defence under section 45 of the Modern Slavery Act 2015
  2. 2 Whether the prosecution amounted to an abuse of process due to failures in identifying and protecting a victim of trafficking
  3. 3 Whether the conviction is unsafe in light of fresh evidence and findings of trafficking

Ratio Decidendi

The conviction is unsafe because the applicant, a victim of trafficking, was not properly identified or protected by the authorities, and was not adequately advised regarding a meritorious section 45 defence under the Modern Slavery Act 2015. The failures by police and prosecution, combined with the applicant's circumstances and fresh evidence, mean the guilty plea cannot stand and the conviction must be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Anonymity order granted to protect the applicant's identity and interests.
  • Conviction for conspiracy to produce a controlled Class B drug quashed.