R v BZP

R v BZP

The applicant was not compelled to commit the offence within the meaning of section 45; he had realistic alternatives, access to keys, contact with the outside world, and financial means. His evidence was inconsistent and implausible. The section 45 defence would not have succeeded, and the CPS decision to prosecute was justified. The guilty plea was not vitiated by incorrect legal advice.

Parties
Respondent: REX; Appellant: BZP
Jurisdiction
England and Wales
Judgment Date
14 March 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time and Permission to Appeal Against Conviction
Outcome
application for extension of time and permission to appeal refused
Legal Topics
Section 45 Defence, Abuse of Process, Unsafe Conviction, Guilty Plea, Trafficking Nexus
Criminal Law Modern Slavery Human Trafficking Section 45 Defence Abuse of Process Unsafe Conviction Guilty Plea Trafficking Nexus

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Parties

REX

Respondent

BZP

Appellant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Permission to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant had a viable defence under section 45 of the Modern Slavery Act 2015
  2. 2 Whether the conviction is unsafe due to incorrect legal advice or failure to advise on a possible defence
  3. 3 Whether prosecution amounted to an abuse of process given the applicant's status as a victim of trafficking

Ratio Decidendi

The applicant was not compelled to commit the offence within the meaning of section 45; he had realistic alternatives, access to keys, contact with the outside world, and financial means. His evidence was inconsistent and implausible. The section 45 defence would not have succeeded, and the CPS decision to prosecute was justified. The guilty plea was not vitiated by incorrect legal advice.

Court Disposition

application for extension of time and permission to appeal refused

Orders

  • application for extension of time refused
  • application for permission to appeal refused