Podcast Location:
Download it here [file size: 29.9 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to discuss the issue of prosecuting individuals who have been victims of trafficking and the obligations of the UK under the Council of Europe Convention on Action against Trafficking in Human Beings 2005. Anna Simmonds considers the October 2010 case of LM & Ors v R [2010] EWCA Crim 2327 in which LJ Hughes highlights the need for practitioners to be alive to the convention in order to ensure compliance.

Outcomes:
After completing the course you will:
  • Understand UK obligations under Articles 10 and 26 of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 and gain awareness as to its importance;
  • Be able to identify situations in which Article 26 might apply;
  • Understand the relevance of duress/necessity for victims of trafficking who offend;
  • Understand the considerations of the prosecution in deciding whether to prosecute a victim of trafficking;
  • Understand the role abuse of process in such cases;
  • Have an understanding of the Court of Appeal’s decision in LM & Ors.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • LM & Ors v R [2010] EWCA Crim 2327;
  • R v. O [2008] EWCA Crim 2835;
  • R v Asfaw [2008] UKHL 31, [2008] 1 AC 1061;
  • R v Uxbridge Magistrates' Court ex parte Adimi [2001] QB 667;
  • Council of Europe Convention on Action against Trafficking in Human Beings 2005 (CETS No 197);
  • Forgery and Counterfeiting Act 1981;
  • Identity Cards Act 2006;
  • Asylum and Immigration (Treatment of Claimants) Act 2004.
Tags:

This podcast looks at the decision of LM & Ors v R [2010] EWCA Crim 2327 and considers the circumstances in which trafficked victims should be prosecuted. It considers the substantive criminal law in issue and the impact of particular guidelines for prosecutors as a result of the European Convention on Action against Trafficking in Human Beings 2005.

Podcast added: 24/11/10

Podcast last reviewed: 2011-06-12

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