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England and Wales decisions
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The Court of Appeal upheld Charlotte Finch’s convictions, finding no unsafe misdirection on the Modern Slavery Act defence and refusing a new trafficking ground.
Finch v R. [2026] EWCA Crim 477 (17 April 2026)
The Court of Appeal considered jury directions on the section 45 Modern Slavery Act defence in a child defendant case and upheld the conviction.
The High Court held that victim identification had to continue after a Public Order Disqualification while the claimant remained in the UK, and quashed parts of the guidance.
There was no credible suspicion or evidence that the claimant was at real and immediate risk of trafficking or exploitation within the meaning of Article 4 ECHR at the time of the IRP's decision. Therefore, no Article 4 protective obligation arose, and the IRP did not misapply the law by failing to consider Article 4 ECHR. The IRP's decision to uphold the permanent exclusion was lawful and consistent with statutory guidance.
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CM, R (On the Application Of) v Independent Review Panel of PQR Academy Trust [2025] EWHC 1414 (Admin) (09 June 2025)
Judicial review of a permanent school exclusion. The court held Article 4 ECHR was not engaged on the facts, so the IRP made no material legal error.
BNA v R. [2025] EWCA Crim 496 (25 April 2025)
The Court of Appeal refused an extension of time to appeal conviction, holding the applicant’s modern slavery account was untrue, so there was no abuse of process.
BKM, R. v [2025] EWCA Crim 389 (11 April 2025)
The Court of Appeal refused extension of time and leave to appeal. It rejected claims that trafficking concerns and section 45 advice undermined the guilty pleas or sentence.
The 2018 conviction was quashed due to improper judicial indication of sentence prior to plea, which vitiated the plea. The 2022 conviction was upheld as procedural failures by the CPS did not cause injustice; the evidence supported prosecution and conviction. The sentence imposed in 2022 was manifestly excessive and reduced to two years and eight months' imprisonment.
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AEU, R. v [2024] EWCA Crim 1653 (13 December 2024)
The Court of Appeal quashed an unsafe 2018 guilty plea following an improper judicial sentence indication, upheld a 2022 conviction, and reduced sentence.
BNN, R. v [2024] EWCA Crim 991 (22 August 2024)
The Court of Appeal upheld BNN’s conviction for cannabis production, rejecting challenges to his guilty plea and finding the prosecution decision was reasonable.
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