Since the Modern Slavery Act 2015 was passed, cases concerning trafficking and modern slavery seem to have sharply increased in frequency. In particular, the issue of defendants themselves claiming to be victims of trafficking and slavery has been thrown into the spotlight, with the Court of Appeal regularly handing down judgments on the subject.
One growing feature of cases of this nature is that defence practitioners have sought to have proceedings stayed as an abuse of process where it is alleged that the CPS has not followed its own guidance in relation to the prosecution of victims of trafficking. In this article Nadesh Karu of QEB Hollis Whiteman examines the recent case of R v DS [2020] EWCA Crim 285, where the Court of Appeal clarified when an abuse of process application is appropriate in such cases.
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Nadesh Karu