S, R. v

S, R. v

The applicant's conviction is unsafe because he was not properly advised that he could pursue a section 45 defence before a jury, notwithstanding the Competent Authority's negative decision. The fresh evidence confirming his status as a trafficking victim, the ambiguity in legal advice, and the critical weight given...

Source-derived case information.

Parties
Respondent: R; Applicant: R
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post Guilty Plea, With Application for Extension of Time and to Adduce Fresh Evidence
Outcome
Appeal allowed; conviction quashed
Legal Topics
Modern Slavery Act 2015, Section 45 Defence, Setting Aside Guilty Pleas, Fresh Evidence on Appeal, Victims of Trafficking
Criminal Law Human Trafficking Modern Slavery Act 2015 Section 45 Defence Setting Aside Guilty Pleas Fresh Evidence on Appeal Victims of Trafficking

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Parties

R

Respondent

R

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post Guilty Plea, With Application for Extension of Time and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to being a victim of trafficking and not being properly advised on the section 45 defence under the Modern Slavery Act 2015
  2. 2 Whether fresh evidence from the Competent Authority should be admitted
  3. 3 Whether an extension of time to appeal should be granted

Ratio Decidendi

The applicant's conviction is unsafe because he was not properly advised that he could pursue a section 45 defence before a jury, notwithstanding the Competent Authority's negative decision. The fresh evidence confirming his status as a trafficking victim, the ambiguity in legal advice, and the critical weight given to the Competent Authority's decision by both prosecution and defence deprived him of a likely successful defence. This constitutes an exceptional case justifying setting aside the guilty plea and quashing the conviction.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Extension of time granted
  • Leave to appeal against conviction granted