BNA v R. [2025] EWCA Crim 496 (25 April 2025)

BNA v R. [2025] EWCA Crim 496 (25 April 2025)

The applicant's account of being a victim of modern slavery at the material time was found to be manifestly implausible and untrue; the CPS's failure to follow its guidance from 9 May 2018 was not decisive as, on the evidence, the applicant would have been prosecuted in any event; the section 45 defence was not available for the offence; there was no abuse of process and no arguable grounds affecting the safety of the conviction.

Citation
[2025] EWCA Crim 496
Parties
Appellant: BNA; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
25 April 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction; Application for Leave to Adduce Fresh Evidence
Outcome
Application for extension of time refused; conviction stands.
Legal Topics
Abuse of Process, Modern Slavery Act 2015, Section 45 Defence, Possession of Imitation Firearm, CPS Guidance on Trafficking Victims, Duress, Public Interest in Prosecution
Criminal Law Human Trafficking Modern Slavery Abuse of Process Modern Slavery Act 2015 Section 45 Defence Possession of Imitation Firearm CPS Guidance on Trafficking Victims +2 more

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Parties

BNA

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction; Application for Leave to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the prosecution of the applicant was an abuse of process due to failure to follow CPS guidance on victims of trafficking
  2. 2 Whether the applicant's conviction is unsafe due to alleged compulsion and modern slavery status
  3. 3 Whether the section 45 Modern Slavery Act 2015 defence applies to the offence of possession of an imitation firearm with intent to cause fear of violence

Ratio Decidendi

The applicant's account of being a victim of modern slavery at the material time was found to be manifestly implausible and untrue; the CPS's failure to follow its guidance from 9 May 2018 was not decisive as, on the evidence, the applicant would have been prosecuted in any event; the section 45 defence was not available for the offence; there was no abuse of process and no arguable grounds affecting the safety of the conviction.

Court Disposition

Application for extension of time refused; conviction stands.

Orders

  • Anonymity order granted under section 11 of the Contempt of Court Act 1981.