LM and Others v Regina; Regina v M(L), B(M) and G(D): CACD 21 Oct 2010

Each defendant appealed saying that being themselves the victims of people trafficking, the prosecutions had failed to take into account its obligations under the Convention.
Held: Prosecutors had ‘a three-stage exercise of judgment. The first is: (1) is there a reason to believe that the person has been trafficked? If so, then (2) if there is clear evidence of a credible common law defence the case will be discontinued in the ordinary way on evidential grounds, but, importantly, (3) even where there is not, but the offence may have been committed as a result of compulsion arising from the trafficking, prosecutors should consider whether the public interest lies in proceeding to prosecute or not.’ Whilst it was not the case that victims of trafficking should nbever be prosecuted, in this case the prosecution had been wrong. At the time of the decision to prosecute they had been seen as having moved from being victims to being exploiters, but the CPS had failed to re-assess this view when at a later stage that view had been dropped.


Hughes VP LJ, Owen, Thirlwall JJ


[2010] EWCA Crim 2327, [2011] 1 Cr App R 135, [2011] Crim LR 425, [2011] 1 Cr App R 12




Council of Europe Convention on Action against Trafficking in Human Beings 2005


England and Wales


CitedO, Regina v CACD 2-Sep-2008
The defendant agirl in her mid teens, appealed against her conviction for carrying a false identity card.
Held: The appeal was not opposed. The United Kingdom having signed the Convention on Action against People Trafficking was bound to . .
CitedRantsev v Cyprus And Russia ECHR 7-Jan-2010
A Russian woman, aged 20, had gone to work as an artiste in a cabaret in Cyprus. Three weeks later she was found dead in a street.
Held: The Court upheld her father’s complaint that Cyprus was in breach of article 4 in that its regime for the . .
CitedRegina v Secretary of State for Home Department ex parte Mohammed Hussain Ahmed and Idris Ibrahim Patel Admn 27-Apr-1998
The ratification by the government of a Treaty may create a legitimate expectation that its terms will be applied in dealing with an individual affected by it. (Woolf) ‘I will accept that the entering into a treaty by the Secretary of State could . .
CitedRegina v Fregenet Asfaw HL 21-May-2008
The House considered the point of law: ‘If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 . .
CitedRegina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu Admn 29-Jul-1999
The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception . .

Cited by:

CitedE and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
CitedN, Regina v CACD 20-Feb-2012
The court considered the offence of child trafficking. The defendants had been the victims of such offences and used for managing cannabis production. It was argued that neither defendant should have been prosecuted.
Held: The appeals failed. . .
CitedHounga v Allen and Another SC 30-Jul-2014
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 August 2022; Ref: scu.425379