Ms U

Ms U was convicted in September 2007 of possession of an identity document with intent and possession of a false identity document with intent. Ms U received a sentence of 12 months’ imprisonment.

The CCRC received an application for review of the conviction in January 2019.

Ms U, a Ugandan citizen, attempted to check in for an Air Canada flight to Toronto at Manchester Airport. She presented a false French passport. She was arrested and explained that she was fleeing Uganda because her life was in danger.

On legal advice, Ms U later pleaded guilty to offences under the Identity Cards Act 2006.

Ms U was granted asylum in March 2009 with leave to remain for five years (with a further three years granted in 2017).

Following review, the CCRC concluded that Ms U had a statutory defence to the charges on which she was convicted available to her under section 31 of the Immigration and Asylum Act 1999, namely a “reasonable excuse” for not producing a genuine immigration document.

It appeared from the legal advice she received that Ms U was deprived of an available defence. On the evidence available, it was probable that the defence would have succeeded.

Consequently, there was a real possibility that the Court of Appeal would set aside Ms U’s guilty plea and conclude that in all the circumstances it should not uphold Ms U’s conviction.

The CCRC referred the conviction in September 2020.

The Court of Appeal quashed the conviction in September 2020.