AFU v R

AFU v R

The conviction is unsafe and must be quashed because the prosecution amounted to an abuse of process: there were clear and fundamental failures by the police and prosecution to identify and protect the applicant as a victim of trafficking, contrary to CPS Guidance and international obligations. Had the authorities complied with their duties, the prosecution would not have been pursued. Although the applicant pleaded guilty following adequate legal advice, the combination of failures rendered the proceedings an abuse of process.

Parties
Appellant: AFU; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Abuse of Process, Modern Slavery, Trafficking, Guilty Plea, Section 45 Modern Slavery Act 2015, Unsafe Conviction
Criminal Law Human Rights Law Abuse of Process Modern Slavery Trafficking Guilty Plea Section 45 Modern Slavery Act 2015 Unsafe Conviction

Case Brief

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Parties

AFU

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to abuse of process arising from failures to identify and protect a victim of trafficking
  2. 2 Whether the applicant was adequately advised of a potential section 45 Modern Slavery Act 2015 defence
  3. 3 Whether the prosecution should have been discontinued in light of the applicant's status as a victim of trafficking

Ratio Decidendi

The conviction is unsafe and must be quashed because the prosecution amounted to an abuse of process: there were clear and fundamental failures by the police and prosecution to identify and protect the applicant as a victim of trafficking, contrary to CPS Guidance and international obligations. Had the authorities complied with their duties, the prosecution would not have been pursued. Although the applicant pleaded guilty following adequate legal advice, the combination of failures rendered the proceedings an abuse of process.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Leave to rely on fresh evidence granted
  • Extension of time to appeal granted