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Trafficking victim’s conviction referred to the Crown Court 

Published:

The Criminal Cases Review Commission (CCRC) has referred a woman’s conviction for using a false passport to the Crown Court, after it was determined she was a victim of human trafficking and modern slavery.  

Ms Y was arrested at Gatwick airport in July 2006 and charged with using a false instrument, which is the act of creating, replicating or using a document or object with the intention of deceiving others. She pleaded guilty at the magistrates’ court and was sentenced at Lewes Crown Court to nine months’ imprisonment. 

Ms Y said she was brought into the UK in 2005 by a woman who provided her with a passport. This was taken from her when she arrived. She said she worked for the woman in domestic servitude, was not paid and was subject to serious physical violence. She also stated she was raped and sexually assaulted by the woman’s husband.  

Ms Y obtained a false passport and a plane ticket from another male and was arrested as she attempted to use the passport to fly to Nigeria.  

An application to the CCRC was received in August 2022 on the basis that she was a trafficked person and was deprived of a defence. 

The Home Office provided a reasonable grounds decision in August 2018 that Ms Y had been a victim of modern slavery. A positive conclusive grounds decision was provided in December 2021.  

The CCRC considers that there is a real possibility the Crown Court would find Ms Y was acting to escape her trafficked status regarding this offence and there is a real possibility that the Court would find she had a defence of duress of circumstances or that her prosecution was an abuse of process. 

[ENDS] 

Notes to Editor:  

  1. As a victim of trafficking, the identity of the applicant has been withheld. 
  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.   
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.       
  1. If a conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction 
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.