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Search Results for: Modern Slavery Act 2015 45
Brecani v Regina: CACD 19 May 2021
Is a conclusive decision made for administrative purposes by the Single Competent Authority (part of the Home Office), on written materials applying the balance of probabilities, that a person is a victim of modern slavery admissible in evidence in a criminal trial? The second issue is whether expert evidence of CB commissioned by the appellant … Continue reading Brecani v Regina: CACD 19 May 2021
Aul v Rex: CACD 31 Oct 2022
Renewed applications for leave to appeal out of time against convictions in the Crown Court Judges: Lady Justice Thirlwall Mr Justice Spencer And Sir Nigel Davis Citations: [2022] EWCA Crim 1435 Links: Bailii Statutes: Modern Slavery Act 2015 45 Jurisdiction: England and Wales Crime Updated: 03 November 2022; Ref: scu.682296
DS, Regina v: CACD 28 Feb 2020
Challenge to termination of prosecution for abuse of process – defendant trafficking victim. Held: The prosecutor’s appeal succeeded. Judges: Lord Burnett of Maldon CJ, Edis, Johnson JJ Citations: [2020] EWCA Crim 285, [2020] WLR(D) 123 Links: Bailii, WLRD Statutes: Modern Slavery Act 2015 45 Jurisdiction: England and Wales Crime Updated: 01 November 2022; Ref: scu.649107
BWM, Regina v: CACD 5 Jul 2022
From guilty plea in absence of advice of availability of defence under 2015 Act Judges: Lord Justice Males Mr Justice Sweeney And His Honour Judge Andrew Lees Citations: [2022] EWCA Crim 924 Links: Bailii, Judiciary Statutes: Modern Slavery Act 2015 45 Jurisdiction: England and Wales Crime Updated: 31 July 2022; Ref: scu.678830
Harvey v Director of Public Prosecutions: Admn 29 Jan 2021
The defendant entered an unequivocal plea of guilty before the magistrates and was committed for sentence. By the Crown Court. After sentence, he sought to set aside the plea, wanting to file a defence under the 2015 Act, and requested a direction allowing that under section 142 of the 1980 Act. He was refused. Held: … Continue reading Harvey v Director of Public Prosecutions: Admn 29 Jan 2021
Director of Public Prosecutions v M: Admn 15 Dec 2020
Appeal from acquittal relying on defence under section 45 of 2015 Act. Lady Justice Simler, And, Mr Justice William Davis [2020] EWHC 3422 (Admin), [2020] WLR(D) 681, [2021] 1 WLR 1669 Bailii, WLRD Modern Slavery Act 2015 45(4) England and Wales Crime Updated: 01 January 2022; Ref: scu.656787
MK v Regina: CACD 28 Mar 2018
The court was asked whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the 2015 Act, or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal standard one or more of the elements of the … Continue reading MK v Regina: CACD 28 Mar 2018
A, Regina v: CACD 29 Oct 2020
The defendant appealed from a conviction of burglary saying that as an acknowledged child victim of trafficking, the prosecution was an abuse of process. . .
CS and Another, Regina v: CACD 5 Feb 2021
‘separate and otherwise unconnected applications for permission to rely on fresh evidence, and permission to appeal against conviction and sentence, have been heard together because they raise similar issues in relation to the prosecution of victims of trafficking. Those issues include the availability of the statutory defence under section 45 Modern Slavery Act 2015 in … Continue reading CS and Another, Regina v: CACD 5 Feb 2021
