DS, R. v ( Rev 1)

DS, R. v ( Rev 1)

Following the enactment of section 45 of the Modern Slavery Act 2015, the abuse of process jurisdiction does not extend to staying prosecutions on the basis of victim status where the statutory defence applies. The responsibility for determining victim status and the nexus to offending lies with the jury. The judge erred in staying the prosecution without considering the public interest and by treating the Authority's decision as determinative.

Parties
Appellant: The Crown; Respondent: DS
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Criminal Appeal / Appeal Against Stay of Prosecution (abuse of Process) Under Section 58 Criminal Justice Act 2003
Outcome
Appeal allowed; stay set aside; prosecution to continue
Legal Topics
Modern Slavery, Abuse of Process, Statutory Defence, Victims of Trafficking, Prosecution Policy
Criminal Law Human Rights Law Modern Slavery Abuse of Process Statutory Defence Victims of Trafficking Prosecution Policy

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Parties

The Crown

Appellant

DS

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Prosecution (abuse of Process) Under Section 58 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the court's abuse of process jurisdiction remains available to stay proceedings where the Modern Slavery Act 2015 section 45 statutory defence applies
  2. 2 What weight should be given to a National Referral Mechanism Conclusive Grounds decision in criminal proceedings
  3. 3 Whether the judge erred in law by staying the prosecution without considering the public interest

Ratio Decidendi

Following the enactment of section 45 of the Modern Slavery Act 2015, the abuse of process jurisdiction does not extend to staying prosecutions on the basis of victim status where the statutory defence applies. The responsibility for determining victim status and the nexus to offending lies with the jury. The judge erred in staying the prosecution without considering the public interest and by treating the Authority's decision as determinative.

Court Disposition

Appeal allowed; stay set aside; prosecution to continue

Orders

  • Leave to appeal granted
  • Appeal allowed