Unsafe Conviction Revealed In Human Trafficking Case

R. v BYA [2022] EWCA Crim 1326


Ben appeared for BYA.  Her conviction, entered following a plea of guilty to possessing a false identity document with intent, was unsafe.


Following her conviction, it emerged that there were conclusive grounds for believing that she was a victim of human trafficking.  She had been exploited in three jurisdictions in enforced prostitution - raped daily.  It was clear that she had committed the offence in an attempt to escape her traffickers and that her culpability was therefore considerably diminished.


Had the prosecution given adequate consideration to whether she might have been a victim of trafficking, it might well not have prosecuted her.