R v DS
| Jurisdiction | England & Wales |
| Neutral Citation | [2020] EWCA Crim 285 |
| Year | 2020 |
| Court | Court of Appeal (Criminal Division) |
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9 cases
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Attorney General v Anthony Henry
...90 See para. 9 of the learned judge's judgment. 91 R v Horseferry Road Magistrates Court, ex p Bennett [1994] 1 AC 42. 92 R v DS [2020] EWCA Crim 285. 93 See The Queen v Scott Crawley & Ors. [2014] EWCA Crim 1028 and Attorney General's Reference (No. 2 of 2001) [2004] AC ...
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R v AAD
...Crim 1278, CAR v Brecani [2021] EWCA Crim 731; [2021] 1 WLR 5851; [2021] 2 Cr App R 12, CAR v Clare [1995] 2 Cr App R 333, CAR v DS [2020] EWCA Crim 285; [2021] 1 WLR 303; [2021] 1 All ER 1233, CAR v EK [2018] EWCA Crim 2961, CAR v GB [2020] EWCA Crim 2, CAR v Horseferry Road Magistrates’ C......
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AFU v R
...to stay for abuse of process on appeal had not been curtailed by s. 45, as had been perhaps suggested by the earlier case of R v DS [2020] EWCA Crim 285; [2021] 1 WLR 303 (at [40]). The jurisdiction remains “an additional safeguard, given appropriately exceptional facts… Cases of abuse of......
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Ryan Harvey v The Director of Public Prosecutions
...[1992] 2 WLR 890; [1992] ICR 495; [1992] 3 All ER 177; 95 Cr App R 272, CAR v Dastjerdi (Bakhshi Ali) [2011] EWCA Crim 365, CAR v DS [2020] EWCA Crim 285; [2021] 1 WLR 303; [2021] 1 All ER 1233, CAR v Ghorbani (Mahboobeh) [2015] EWCA Crim 275, CAR v Idahosa (Richard Osagie) [2019] EWCA Crim......
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5 books & journal articles
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The Non-punishment Principle and the Obligations of the State Under Article 4 of the European Convention of Human Rights: V.C.L. AND A.N. v the United Kingdom (applications nos.77587/12 and 74603/12)
...obligation in Article 4 (at [41]).In relation to positive obligation under Article 4, the Court of Appeal (Criminal Division) in DS[2020] EWCA Crim 285 adopted a similar position in respect of the state’s positive obligation to protectVOT in the context of non-punishment. In that case, the ......
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Prosecuting Victims of Modern Slavery and Trafficking: Does s 45 of the Modern Slavery Act 2015 Have Retrospective Effect?: R v CS [2021] EWCA Crim 134
...in humanbeings and protecting its victims. As Thirlwall LJ noted in RvCS, and as Lord Burnett CJ had previouslynoted in RvDS[2020] EWCA Crim 285, prior to the enactment of s 45, these obligations were met by acombination of CPS guidance as to when a prosecution should be brought, the common......
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Abuse of Process and the Modern Slavery Act 2015: R v DS [2020] EWCA Crim 285
...NoteAbuse of Process and theModern Slavery Act 2015RvDS[2020] EWCA Crim 285KeywordsPossession with intent to supply, abuse of process, decisions to prosecute, trafficked victims,prosecution appealsThe proceedings were brought on an indictment containing two counts of possession with intent ......
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Admissibility of Conclusive Grounds Decisions and s 45 of the Modern Slavery Act 2015: Director of Public Prosecutions v M [2020] EWHC 3422 (Admin)
...between the prosecution and the defence is whether the decision of the SCA is admissible at trial. Inthe recent case of DS [2020] EWCA Crim 285, the Court of Appeal refused to decide this very issue andit seemed inevitable that it was likely to arise again. Although the present case provide......
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