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Search Results for: Modern Slavery Act 2015
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
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
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
Iyamu, Regina v: CACD 20 Sep 2018
Application by the Solicitor General seeking leave to challenge a sentence on the ground that it is unduly lenient. Citations: [2018] EWCA Crim 2166 Links: Bailii Statutes: Modern Slavery Act 20155 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628193
BVN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 May 2022
Treatment of a migrant who has been identified as a potential victim of human trafficking, and the lawfulness of statutory guidance issued by the Defendant under section 49 of the Modern Slavery Act 2015. Citations: [2022] EWHC 1159 (Admin) Links: Bailii Statutes: Modern Slavery Act 2015 49 Jurisdiction: England and Wales Administrative Updated: 05 June … Continue reading BVN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 May 2022
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
EOG (Anonymity Order Made) v Secretary of State for The Home Department: Admn 3 Dec 2020
Mr Justice Mostyn [2020] EWHC 3310 (Admin), [2021] 1 WLR 1875, [2020] WLR(D) 658 Bailii, WLRD Modern Slavery Act 2015 England and Wales Immigration Updated: 20 January 2022; Ref: scu.656789
Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016
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. . .
Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020
DIPLOMATIC IMMUNITY The Claimant was employed by the Respondent diplomat to work as a domestic servant at his diplomatic residence in the UK, having previously been employed by him in his diplomatic household in Saudi Arabia. By her ET1 form she contended that she was a victim of international trafficking by the Respondent and had … Continue reading Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020
