202403821 B2 - [2025] EWCA Crim 1205

Lord Justice Holroyde:

The applicant was convicted of drugs offences. She seeks an extension of time of more than two years to apply for leave to appeal against her convictions, principally on the grounds that she was a victim of modern slavery and human trafficking (“VMS”/ “VOT”) and entitled to put forward the statutory defence under s45 of the Modern Slavery Act 2015 (“MSA 2015”). She also applies to adduce fresh evidence, and she seeks a reporting restriction and/or a withholding order so that she may remain anonymous. Her applications have been referred to the full court by the Registrar.

The applications in relation to anonymity raise issues as to the balance between the applicant’s rights under Article 8 of the European Convention on Human Rights (“the Convention”) and the important principle of open justice. We shall address those issues later in this judgment. At this stage, it suffices to say that, for the reasons which we shall explain, the applications are refused. The applicant is therefore named in this judgment.

At the outset, we express our gratitude for the assistance we have received from Ms Ahluwalia for the applicant and Mr Ray KC for the respondent, neither of whom appeared below. The submissions on both sides were of a very high quality.