Ms AAC (2/2)

Ms AAC was convicted in April 2003, May 2004 and September 2018 of obtaining property by deception, using a false instrument for other than prescription drugs, entering the United Kingdom without leave, and theft.

Ms AAC received a sentence of six months’ imprisonment, a community punishment order of 140 hours’ work, and a fine of £100.

The CCRC received an application for review of the convictions in July 2020.

At the time of the 2003 and 2004 convictions, there was evidence that Ms AAC was a victim of human trafficking.

At that time, there were obligations on the UK to protect victims of trafficking but, based on the understanding of the law as it then was, it could not be argued that the convictions were an abuse of process. 

Since that time the understanding and treatment of victims of trafficking who commit offences has developed. By the time of the CCRC’s review, it appeared that Ms AAC was denied the protection to which she was entitled as a victim of trafficking.  

Regarding her 2018 conviction, at the time of her arrest, charge, conviction, and sentencing there were clear indicators that Ms AAC was a credible victim of trafficking. However, this failed to prompt any investigation by prosecuting authorities or Ms AAC’s defence team. 

Ms AAC was also not advised that she may have had a defence under section 45 of the Modern Slavery Act 2015 and it did not appear that the Crown Prosecution Service gave any consideration to her possible status as a victim of trafficking when deciding to prosecute. 

The CCRC referred the convictions in January 2024.