McGinley, R. v [2023] EWHC 2117 (SCCO) (16 August 2023)

McGinley, R. v [2023] EWHC 2117 (SCCO) (16 August 2023)

Modern slavery and trafficking offences charged before 1 April 2018 must be classified under the pre-April 2018 Table, which places them in Class B, not Class J, as they are not serious sexual offences and the AGFS Banding Document does not apply retrospectively.

Citation
[2023] EWHC 2117 (SCCO)
Parties
Prosecution: R; Defendant: McGinley
Jurisdiction
England and Wales
Judgment Date
16 August 2023
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal dismissed
Legal Topics
Offence Classification, Graduated Fees, Modern Slavery, Trafficking, Forced Labour, Retrospective Application of Regulations
Criminal Law Legal Aid Costs Offence Classification Graduated Fees Modern Slavery Trafficking Forced Labour +1 more

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Parties

R

Prosecution

McGinley

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether modern slavery and trafficking offences should be classified as Class J or Class B under the pre-April 2018 Table for graduated fees
  2. 2 Whether the AGFS Banding Document can be applied retrospectively to offences charged before its inception

Ratio Decidendi

Modern slavery and trafficking offences charged before 1 April 2018 must be classified under the pre-April 2018 Table, which places them in Class B, not Class J, as they are not serious sexual offences and the AGFS Banding Document does not apply retrospectively.

Court Disposition

appeal dismissed