Court of Appeal quashes conviction due to modern slavery

Introduction

The Court of Appeal has quashed the conviction of an individual identified as BGV, recognising him as a victim of modern slavery. The appellant, who was convicted in 2008 for possession of a false identity document, successfully appealed on grounds that his prosecution was unjust due to his status as a victim of forced labour.

Background

In 2008, BGV pleaded guilty to possessing a false identity document with intent, under the Identity Cards Act 2006, and was sentenced to 12 months' imprisonment. However, the appellant argued that he was a victim of modern slavery at the time of the offence, which should have influenced the decision to prosecute.

Appeal and Anonymity

The appeal was granted leave by a Single Judge, who also extended the time for appeal by over 15 years and ordered anonymity for BGV, citing risks of re-trafficking if his identity were disclosed.

Fresh Evidence

The appellant sought to introduce fresh evidence, including a decision by the Single Competent Authority (SCA) in 2022, which confirmed his status as a victim of modern slavery between 2003 and 2008. This evidence was pivotal in the appeal, as it highlighted the appellant's lack of culpability due to coercion and forced labour.

Chronology of Events

The appellant's journey from Sudan to the UK, facilitated by traffickers, involved forced labour in the construction industry. Despite initial inconsistencies in his accounts, the SCA's decision and expert reports supported his claim of being trafficked and exploited.

Legal Considerations

The Court of Appeal considered whether the prosecution was an abuse of process, given the appellant's victim status. The CPS's guidance suggests that victims of modern slavery should not be prosecuted if their criminal actions are directly linked to their exploitation.

Decision

The Court respected the SCA's conclusive grounds decision, acknowledging the appellant's victim status and the nexus between his exploitation and the offence. Consequently, the conviction was quashed, and no retrial was ordered.

Conclusion

This case underscores the importance of recognising victims of modern slavery within the criminal justice system. It highlights the need for careful consideration of an individual's circumstances before proceeding with prosecution.

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