Ms H

Ms H was convicted in August 2006 of failure to produce a satisfactory immigration document and received a sentence of 14 weeks’ imprisonment less three days spent in custody.

The CCRC received an application for review of the conviction in October 2008.

Ms H, a Somalian national, was arrested after failing to produce an immigration document after being approached by an Immigration Officer at Heathrow Airport.

She pleaded guilty to an offence under the Immigration and Asylum (Treatment of Claimants) Act 2004.

Ms H was subsequently recognised by the UK government as a refugee.

Following review, the CCRC concluded that in light of the decision in the case of Thet v Director of Public Prosecutions (2006), Ms H had a statutory defence in relation to the charge of failing to produce an immigration document, namely a “reasonable excuse”.

Somalia had not had a passport issuing authority since 1991 and the UK government had not recognised Somali passports since July 2003.

In addition, the prosecution denied Ms H the legitimate expectation that the UK would afford her the protection provided by Article 31 of the Refugee Convention. The prosecution was accordingly an abuse of process.

Consequently, there was a real possibility the Crown Court would agree to vacate Ms H’s guilty plea and then order a stay of proceedings or, if she was re-prosecuted, that she would be acquitted.

The CCRC referred the conviction in June 2010.

The Crown Court quashed the conviction in December 2010.