BNN, R. v [2024] EWCA Crim 991 (22 August 2024)
The applicant's guilty plea was clear and deliberate, not equivocal or vitiated by improper pressure; although the CPS failed to follow its own guidance, the decision to prosecute was reasonable in the circumstances, and the conviction is safe.
- Citation
- [2024] EWCA Crim 991
- Parties
- Respondent: Rex; Applicant: BNN
- Jurisdiction
- England and Wales
- Judgment Date
- 22 August 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction; Application for Extension of Time
- Outcome
- Appeal dismissed; conviction upheld.
- Legal Topics
- Abuse of Process, Guilty Plea, Modern Slavery Act 2015, Victim of Trafficking, Section 45 Defence, CPS Guidance, Public Interest Test
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
BNN
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Application for Extension of Time
Legal Issues
- 1 Whether the applicant's guilty plea was equivocal or entered under improper pressure
- 2 Whether the CPS failed to follow its own guidance regarding prosecution of a victim of trafficking
- 3 Whether the conviction is unsafe due to abuse of process
Ratio Decidendi
The applicant's guilty plea was clear and deliberate, not equivocal or vitiated by improper pressure; although the CPS failed to follow its own guidance, the decision to prosecute was reasonable in the circumstances, and the conviction is safe.
Court Disposition
Appeal dismissed; conviction upheld.
Orders
- Anonymity order pursuant to section 11 of the Contempt of Court Act 1981; no publication of applicant's name.
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