Guidance Given by Court of Appeal in Appeals Where Victims of Trafficking Offend

R v AAD [2022] EWCA Crim 106; [2022] 2 WLUK 48 Court of Appeal gave guidance on trafficking and modern slavery in criminal cases, including on admissibility of Single Competent Authority decisions on appeal, abuse of process arguments for slavery or trafficking victims compelled to commit offences, and circumstances where a victim of trafficking can argue conviction following guilty plea unsafe.


Significant case concerning facilitating illegal immigration in cases of small boats carrying migrants being intercepted by authorities in the English Channel:


R v Bani [2021] EWCA Crim 1958; [2021] 12 WLUK 457 Convictions of four “small boat” asylum seekers for assisting unlawful immigration, crossing the English Channel, overturned because court had not properly considered mental element of offence or whether they had “entered” UK illegally. Court of Appeal clarified mental element under Immigration Act 1971 s.25 and jury direction on illegal entry.