BTT v R

BTT v R

The applicant's new account was not credible, failed to demonstrate compulsion or lack of realistic alternative under section 45, and did not satisfy the criteria for admitting fresh evidence. The conviction was safe and no exceptional circumstances justified allowing a new defence on appeal.

Parties
Applicant: BTT; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
07 January 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Application for extension of time and leave to appeal dismissed; conviction upheld.
Legal Topics
Human Trafficking, Modern Slavery Act, Fresh Evidence, Appeal Procedure
Criminal Law Human Trafficking Modern Slavery Act Fresh Evidence Appeal Procedure

Case Brief

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Parties

BTT

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh evidence supports a defence under section 45 of the Modern Slavery Act 2015
  2. 2 Whether the conviction is unsafe due to alleged human trafficking and compulsion
  3. 3 Whether the applicant should be permitted to advance a new account on appeal

Ratio Decidendi

The applicant's new account was not credible, failed to demonstrate compulsion or lack of realistic alternative under section 45, and did not satisfy the criteria for admitting fresh evidence. The conviction was safe and no exceptional circumstances justified allowing a new defence on appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed; conviction upheld.

Orders

  • Applications for extension of time and leave to appeal are dismissed.
  • Conviction is safe and stands.