Southwell and Partners secured an appeal against conviction via a referral from the Criminal Cases Review Commission.
The CCRC referred the case back to Kingston upon Thames Crown Court as there was a real possibility that the convictions will not be upheld.
- There was fresh credible evidence that the Applicant is a victim of human trafficking.
- Since the applicant was convicted, the understanding and treatment of victims of trafficking who commit offences has materially developed, and the Applicant was denied the protection that victims of trafficking who commit offences are afforded.
- Accordingly, there was a real possibility that the Crown Prosecution Service would not now oppose the appeal, and if the CPS did so, that the Crown Court would stay proceedings as an abuse of process.
- There was a real possibility that the CPS would not now oppose the appeal, on the basis that the evidential and/or public interest test is not met.
- If proceedings were not stayed, there was a real possibility that given the evidence about why the Applicant entered the guilty plea, she would not be convicted at any rehearing.
Philippa Southwell has represented the Applicant for 9 years, previously securing an appeal against conviction in the Court of Appeal for dishonesty, obtaining property by deception and making false representations.
Ben Newton KC of Doughty Street was instructed Counsel.
