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Immigration Offences

Some of the primary legislation

Identity Cards Act 2006
Convention on Action Against Trafficking in Human Beings (Council of Europe) (2005)
UN Convention against Transnational Organised Crime and the Protocols Thereto (2004)

Some of our recent notable cases

Hounga v Allen and another (2014)
Landmark judgment on issue of human trafficking. Case decided that the common law rule that illegality is a defence to a claim in tort must be tempered where the claimant is a victim of illegal human trafficking.
[2014] UKSC 47 30/7/2014.  Reported at [2014] IRLR 811.
Jan Luba QC, Kathryn Cronin, Ronan Toal and Michelle Brewer

L, HVN, THN & T v R (2013)
The judgment goes further to set down important guidelines on the role of criminal courts in identifying victims of trafficking and the approach they should take toward age disputes
[2013] EWCA Crim 991 21/6/2013
Henry Blaxland QC and Michelle Brewer and Nadine Finch and Stephen Knafler QC and Shu Shin Luh

R v LM and others (2010)
Succeeded in quashing the convictions of three victims of trafficking for sexual exploitation who had committed crimes during and as a consequence of their exploitation.
[2010] EWCA Crim 2327 21/10/2010. Reported at (2011) 1 Cr App R 12
Henry Blaxland QC and Michelle Brewer

R v Mohammed and others (2010)
The convictions of defendants who entered the UK with false documents, claiming asylum and had been charged with offences under the Identity Cards Act 2006 were quashed where they had not been aware of a defence available to them under s.31 of the same Act.
[2010] EWCA Crim 2400 19/10/10
Ian MacDonald QC

Useful links

CPS Guidance on Human Trafficking and Smuggling
UNODOC Human Trafficking Guidance
Human Trafficking News and State Reports

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