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 should have been admitted at trial. The judge excluded both. A further question concerns whether the judge should have severed the indictment and delayed the trial of the appellant.
Held: The Appeal failed. The judge was right to exclude the conclusive grounds decision, the Annex attached to it and Mr Barlow’s evidence.

Judges:

The Lord Burnett of Maldon CJ

Citations:

[2021] EWCA Crim 731

Links:

Bailii

Statutes:

Modern Slavery Act 2015 45(4)

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 07 December 2022; Ref: scu.662501