L and R, R. v

L and R, R. v

Convictions are unsafe because fresh evidence establishes applicants were child victims of trafficking and their offending was directly connected to their exploitation; had their status been known, prosecution would not have been pursued. Anonymity orders are necessary to protect applicants and their families from risk of reprisals and to maintain consistency with previous orders.

Parties
Applicant: GL; Applicant: N; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
23 November 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time Against Conviction and to Rely on Fresh Evidence
Outcome
Applications to extend time granted; fresh evidence admitted; leave to appeal granted; convictions quashed; anonymity orders granted.
Legal Topics
Human Trafficking, Child Victims, Anonymity Orders, Abuse of Process, Modern Slavery, Asylum Claims
Criminal Law Human Rights Law Immigration Law Human Trafficking Child Victims Anonymity Orders Abuse of Process Modern Slavery +1 more

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Parties

GL

Applicant

N

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time Against Conviction and to Rely on Fresh Evidence

Legal Issues

  1. 1 Whether convictions of child victims of trafficking for cannabis production are unsafe due to failure to identify trafficking indicators and age
  2. 2 Whether anonymity orders should be granted for victims of trafficking in criminal appeals

Ratio Decidendi

Convictions are unsafe because fresh evidence establishes applicants were child victims of trafficking and their offending was directly connected to their exploitation; had their status been known, prosecution would not have been pursued. Anonymity orders are necessary to protect applicants and their families from risk of reprisals and to maintain consistency with previous orders.

Court Disposition

Applications to extend time granted; fresh evidence admitted; leave to appeal granted; convictions quashed; anonymity orders granted.

Orders

  • Convictions of GL and N quashed.
  • Anonymity orders granted for GL and N under section 11 of the Contempt of Court Act.