CS & Anor, R. v

CS & Anor, R. v

Section 45 Modern Slavery Act 2015 does not apply retrospectively to offences committed before 31 July 2015; convictions and sentences of both applicants are not unsafe or manifestly excessive; pre-2015 protections for trafficking victims were properly applied; anonymity granted only for CS due to risk.

Parties
Applicant: CS; Applicant: Luong Le; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 February 2021
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence, and Permission to Rely on Fresh Evidence
Outcome
Applications for leave to appeal against conviction and sentence refused.
Legal Topics
Modern Slavery Act 2015, Trafficking, Abuse of Process, Retrospective Legislation, Sentencing, Anonymity Orders
Criminal Law Human Rights Modern Slavery Act 2015 Trafficking Abuse of Process Retrospective Legislation Sentencing Anonymity Orders

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Parties

CS

Applicant

Luong Le

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence, and Permission to Rely on Fresh Evidence

Legal Issues

  1. 1 Does section 45 Modern Slavery Act 2015 apply retrospectively to offences committed before 31 July 2015?
  2. 2 Should the prosecutions of victims of trafficking have been stayed as an abuse of process?
  3. 3 Were the sentences imposed manifestly excessive given the applicants' status as victims of trafficking?

Ratio Decidendi

Section 45 Modern Slavery Act 2015 does not apply retrospectively to offences committed before 31 July 2015; convictions and sentences of both applicants are not unsafe or manifestly excessive; pre-2015 protections for trafficking victims were properly applied; anonymity granted only for CS due to risk.

Court Disposition

Applications for leave to appeal against conviction and sentence refused.

Orders

  • Anonymity order granted for CS; no reporting of CS's name or details tending to reveal her identity.
  • Application for anonymity refused for Mr Le.