B e f o r e :
MR JUSTICE EDIS
HIS HONOUR JUDGE EDMUNDS QC
(Sitting as a Judge of the CACD)
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: email@example.com (Official Shorthand Writers to the Court)
MR A JOHNSON appeared on behalf of the Crown.
Crown Copyright ©
i. "It has also been said to me that this is an example of modern day slavery in as much as you were brought into this country illegally and were presented with this employment as a way of allegedly paying off the traffickers who brought you into this country.
ii. I say that you played a lesser role because you performed limited functions under the direction of others. I am satisfied you were engaged in that by way of pressure, coercion and intimidation and you were clearly in a situation whereby you have been exploited."
i. "45 Defence for slavery or trafficking victims who commit an offence
(2) A person is not guilty of an offence ifŚ
(a) the person is aged 18 or over when the person does the act which constitutes the offence
(b) the person does that act because the person is compelled to do it
(c) the compulsion is attributable to slavery or to relevant exploitation, and
iii. (d) a reasonable person in the same situation as the person and having the person's relevant characteristics would have no realistic alternative to doing that act.
(3) A person may be compelled to do something by another person or by the person's circumstances.
(4) Compulsion is attributable to slavery or to relevant exploitation only ifŚ
(a) it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or
(b) it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.
(5) For the purposes of this sectionŚ
i. 'relevant characteristics' means age, sex and any physical or mental illness or disability;
ii. 'relevant exploitation' is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.
(6) In this section references to an act include an omission.
(7) Subsections (1) and (4) do not apply to an offence listed in Schedule 4.
(8) The Secretary of State may by regulations amend Schedule 4. "
i. "The judge, as well as the defence and prosecution, must be alert to the possibility that D is a victim of modern slavery or trafficking. It may become
ii. apparent from the evidence, even if not expressly raised by D."
MS SIKAND: My Lord, I am sorry to detain you but I have an ancillary application if I could make it very briefly.
LORD JUSTICE HOLROYDE: Please do.
MS SIKAND: I appear here on a representation order for counsel only. It does not cover any post-lodging work of my solicitor. This Court does have a power to grant a retrospective representation order for the post-lodging work of my instructing solicitor. She then makes the application to the Billing Department of the Court of Appeal and they decide what is reasonable and what is not. But it simply covers the post-lodging work. It is a limited amount of money and I ask this Court to please make that order.
LORD JUSTICE HOLROYDE: Can I just ask, was an application made to the Registrar for the certificate to be extended, because your solicitor must have been engaged in collating the fresh evidence and making that application?
MS SIKAND: Well ... the work around collating the fresh evidence is covered by a slightly different scheme, a CDS scheme, which did cover the pre-lodging work.
LORD JUSTICE HOLROYDE: What has been done post-lodging?
MS SIKAND: It is simply all the correspondence that goes on post-lodging between the Court of Appeal and my instructing solicitor, relating for example to the communications with previous representatives, any clarification about the further evidence that then comes about following a coat procedure. Also then that all has to be explained to the applicant who then needs a translator and interpreter so my solicitor then has to take instructions, for example, on the evidence that comes about during that procedure and then the respondent's notice so it is that level of work.
LORD JUSTICE HOLROYDE: Yes.
MS SIKAND: It is not for a particular sum, it will be assessed. It is something that was granted in as far as that assists this Court in JSP and --
LORD JUSTICE HOLROYDE: Yes. Just so I understand, because what you have just summarised is quite a lot of work and presumably there were some interpreter fees to pay along the way. Was there an application post-lodging to extend the representation order?
MS SIKAND: My understanding is that those are never granted these days but I do not think there was.
LORD JUSTICE HOLROYDE: I am not sure that saying "they are never granted" is your strongest point in asking us to make a slightly different order to the same effect.
MS SIKAND: I am sorry, I do not mean to speak against myself in a sense that it is difficult to persuade the Registrar is my understanding, but I do not think such an application was made and I can certainly pass on the message that in future that is the course that this Court would prefer.
LORD JUSTICE HOLROYDE: I am speaking only for myself and speaking as I listen to your submissions, MsáSikand. All right, thank you. MráJohnson, do you want to contribute to this at all?
MR JOHNSON: I only say that these applications I have heard a number of times and it has been said more than once that these applications are invariably refused by the Registrar. But I will probably say in the cases that I have been involved in the past 12 months or so they have more often than not been allowed by the Full Court. I am not sure if that assists.
LORD JUSTICE HOLROYDE: All right.
LORD JUSTICE HOLROYDE: The court having allowed this appeal against conviction MsáSikand applies for an order that the representation order be retrospectively extended to cover work done by the appellant's solicitor following the lodging of the Notice of Appeal. As we understand, work done by the solicitor prior to the lodging of a Notice of Appeal is remunerated in any event.