[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales Court of Appeal (Criminal Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Wabelua & Ors, R v [2020] EWCA Crim 783 (9 June 2020) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2020/783.html Cite as: [2020] EWCA Crim 783 |
[New search] [Printable PDF version] [Help]
CRIMINAL DIVISION
The Strand London WC2A 2LL Tuesday 9th June 2020 |
||
B e f o r e :
(His Honour Judge Lucraft)
____________________
R E G I N A |
||
- v - |
||
GLODI WABELUA DEAN ALFORD MICHAEL KAREMERA |
____________________
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: [email protected] (Official Shorthand Writers to the Court)
Mr H Davies QC appeared on behalf of all the Appellants in relation to the STOP
Miss K Bex QC appeared on behalf of the Crown
____________________
Crown Copyright ©
LORD JUSTICE HOLROYDE:
a. The charges in the present proceedings were not founded on the same facts, and did not arise out of the same incident, as the charges on the Woolwich indictment. He accepted that in the Woolwich trial the prosecution, knowing that there might in future be charges of human trafficking offences, had avoided adducing evidence relating to the couriers who were the subject of the present charges. He held that the circumstances of the drugs conspiracy had been "carefully circumscribed by the Crown in the Woolwich trial so as to avoid any activity in relation to the present … couriers featuring at all or in any significant way in that trial".
b. He rejected a submission that the human trafficking charges should have been prosecuted at the same time as the drugs conspiracy. Any prejudice which might be caused to the appellants could be guarded against during the present trial and if necessary in sentencing.
c. He found that the appellants had at no time been told in terms that they would never under any circumstances be charged with human trafficking offences.
d. He did not accept that either Karemera or Alford had acted in some way to his detriment, or would be prejudiced if the present trial were to proceed.
e. Nor did he accept that there was any risk of any form of double jeopardy in sentencing.
f. He was satisfied that the present trial was in the public interest.
"14 Slavery and trafficking prevention orders on sentencing
(1) A court may make a slavery and trafficking prevention order against a person ('the defendant') where it deals with the defendant in respect of —
(a) a conviction for a slavery or human trafficking offence,
(b) a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or
(c) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence.
(2) The court may make the order only if it is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3) A 'slavery or human trafficking offence' means an offence listed in Schedule 1.
(4) The Secretary of State may by regulations amend Schedule 1.
(5) For the purposes of this section, convictions and findings include those taking place before this section comes into force."
"17 Effect of slavery and trafficking prevention orders
(1) A slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order.
(2) The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(4) Subject to section 18(1), a prohibition contained in a slavery and trafficking prevention order has effect—
(a) for a fixed period, specified in the order, of at least 5 years, or
(b) until further order.
(5) A slavery and trafficking prevention order —
(a) may specify that some of its prohibitions have effect until further order and some for a fixed period;
(b) may specify different periods for different prohibitions.
(6) If a court makes a slavery and trafficking prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect."
"must meet the twin tests of necessity and clarity. The test of necessity brings with it the subtest of proportionality."
Further, in reliance on Steven Smith in the sexual context, Mr Davies submits that in a human trafficking case, if the necessary risk is established, three questions must then be addressed: (1) Is the making of an order necessary to protect from harm? (2) If some order is necessary, are the terms proposed nonetheless oppressive? (3) Overall are the terms proportionate?
(a) As subsection (2) makes clear, an order can only be made if the court is satisfied that there is a risk that the defendant may commit a slavery or human trafficking offence and satisfied that the order is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence. The subsection does not require the court to apply any particular standard of proof.
(b) Although an STPO is a civil order, breach of it carries a serious criminal sanction. The risk that the defendant may commit a slavery or human trafficking offence must therefore be real, not remote, and must be sufficient to justify the making of such an order. In considering whether such a risk is present in a particular case, the court is entitled to have regard to all the information before it, including in relation to any previous convictions of the defendant concerned, or in relation to any previous failure to comply with court orders.
(c) The order must be necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a further slavery or human trafficking offence, and not merely desirable or helpful in that regard.
(d) In many cases where the risk is identified, there will also be a necessity to make an order. However, they are distinct preconditions to the making of an order and they require separate consideration. In determining whether any order is necessary, the court must consider whether the risk is sufficiently addressed by the nature and length of the sentence imposed, and/or the presence of other controls on the defendant, and/or the important ability of a Chief Officer of Police to apply for an order if it becomes necessary to do so at some time in the future.
(e) The criterion of necessity applies not only to the making of an order at all, but also to the individual terms of the order where one is necessary.
(f) The terms of the order must in addition be both reasonable and proportionate to the purpose for which it is made: that is one of the reasons why the court must first have made a clear assessment as to why an order is necessary. The court should take into account any adverse effect of the order on the defendant's rehabilitation, and the realities of life in an age of electronic means of communication.
(g) The terms of the order must be clear, so that the defendant can readily understand what he is prohibited from doing and those responsible for enforcing the order can readily identify any breach.
(h) A draft order must be provided to the court and to all defence advocates in good time to enable its terms to be considered before the sentencing hearing. We recognise the pressures on judges and advocates, and we recognise that the sentencing process may follow immediately after the jury's verdicts. However, the necessary careful consideration cannot be given to the proposed order if the draft is produced at the last moment.
"During the period of seven years from 14th May 2019:
(a) You must not own or possess any mobile phone handset or SIM card, or any computer, unless (i) it is registered with your service provider in your full name and at your current address, and (ii) details of its make, model and identification number have been provided to the police within three days after you acquire it.
(b) You must notify your home address to the nearest police station and notify any change of that address to the police within seven days after you move."
A N N E X:
TERMS FOR EACH DEFENDANT
This order imposes the following prohibition(s) and requirements upon you:
a. desktop computer
b. laptop computer
c. tablet computer
d. Netbook
For a period of 15 years