AUL v R

AUL v R

Applicant was not compelled to offend, no slavery or relevant exploitation as defined in law, no evidential basis for section 45 defence or abuse of process stay, and conclusive grounds decision did not justify overturning convictions.

Parties
Applicant: AUL; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Out of Time After Refusal by Single Judge
Outcome
Applications for leave to appeal out of time and to adduce further evidence dismissed.
Legal Topics
Section 45 Modern Slavery Act Defence, Abuse of Process, Drug Offences, Trafficking Victim Status, Conclusive Grounds Decision Admissibility
Criminal Law Modern Slavery Human Trafficking Section 45 Modern Slavery Act Defence Abuse of Process Drug Offences Trafficking Victim Status Conclusive Grounds Decision Admissibility

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Parties

AUL

Applicant

REX

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Out of Time After Refusal by Single Judge

Legal Issues

  1. 1 Whether applicant had a defence under section 45 of the Modern Slavery Act 2015
  2. 2 Whether prosecution should have been stayed as abuse of process due to applicant's trafficking victim status
  3. 3 Whether conclusive grounds decision should have led CPS to discontinue prosecution

Ratio Decidendi

Applicant was not compelled to offend, no slavery or relevant exploitation as defined in law, no evidential basis for section 45 defence or abuse of process stay, and conclusive grounds decision did not justify overturning convictions.

Court Disposition

Applications for leave to appeal out of time and to adduce further evidence dismissed.

Orders

  • Convictions upheld.
  • Applicant's anonymity order continued.