BNA v R

BNA v R

The applicant's account of being a victim of modern slavery was manifestly implausible and untrue; CPS guidance was not followed from 9 May 2018 but, even if it had been, prosecution would have proceeded; modern slavery defence does not apply to section 16A offence; prosecution was not an abuse of process and conviction is safe.

Parties
Appellant: BNA; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Abuse of Process
Outcome
application refused
Legal Topics
Modern Slavery, Abuse of Process, Anonymity Orders, Firearms Offences, Public Interest in Prosecution
Criminal Law Human Rights Modern Slavery Abuse of Process Anonymity Orders Firearms Offences Public Interest in Prosecution

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Parties

BNA

Appellant

REX

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time and Abuse of Process

Legal Issues

  1. 1 Whether the prosecution of the applicant was an abuse of process due to failure to apply CPS guidance regarding victims of modern slavery
  2. 2 Whether the applicant's guilty plea was vitiated by improper pressure or lack of advice
  3. 3 Whether the modern slavery defence under section 45 of the Modern Slavery Act 2015 applied to the section 16A offence

Ratio Decidendi

The applicant's account of being a victim of modern slavery was manifestly implausible and untrue; CPS guidance was not followed from 9 May 2018 but, even if it had been, prosecution would have proceeded; modern slavery defence does not apply to section 16A offence; prosecution was not an abuse of process and conviction is safe.

Court Disposition

application refused

Orders

  • Application for extension of time refused
  • Conviction stands