L & Ors v The Children's Commissioner for England & Anor

L & Ors v The Children's Commissioner for England & Anor

Where evidence establishes that a defendant was a victim of trafficking and that the offences were integral to or a direct consequence of their exploitation, prosecution and conviction constitute an abuse of process. The convictions of the appellants are unsafe and must be quashed, as the prosecutions would not have proceeded had the full facts been known.

Parties
Appellant: L; Appellant: HVN; Appellant: THN; Appellant: T; Respondent: R; Intervener: The Children’s Commissioner for England; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
21 June 2013
Procedural Posture
Criminal Appeal / Judgment on Consolidated Appeals
Outcome
appeals allowed; convictions quashed
Legal Topics
Trafficking in Persons, Abuse of Process, Prosecution of Victims, Child Defendants, Culpability and Mitigation
Criminal Law Human Rights Law Immigration Law Trafficking in Persons Abuse of Process Prosecution of Victims Child Defendants Culpability and Mitigation

Case Brief

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Parties

L

Appellant

HVN

Appellant

THN

Appellant

T

Appellant

R

Respondent

The Children’s Commissioner for England

Intervener

Equality and Human Rights Commission

Intervener

Procedural Posture

Criminal Appeal / Judgment on Consolidated Appeals

Legal Issues

  1. 1 Whether victims of trafficking, especially children, should be prosecuted for offences committed as a direct consequence of their trafficking and exploitation
  2. 2 What is the proper approach for courts when evidence emerges that a defendant is a victim of trafficking
  3. 3 How should age and trafficking status be determined and what evidential standards apply

Ratio Decidendi

Where evidence establishes that a defendant was a victim of trafficking and that the offences were integral to or a direct consequence of their exploitation, prosecution and conviction constitute an abuse of process. The convictions of the appellants are unsafe and must be quashed, as the prosecutions would not have proceeded had the full facts been known.

Court Disposition

appeals allowed; convictions quashed

Orders

  • Convictions of L, HVN, THN, and T quashed
  • No retrials ordered