Katie Jones’ client conviction quashed by Court of Appeal

Katie represented BHX, who had pleaded guilty in 2015 to an offence of producing cannabis. He was sentenced to 30 months’ imprisonment. Following his conviction, he was recognised by the competent authority as being a victim of trafficking and granted asylum in the UK.

The appeal was argued on the grounds of inadequate legal advice and that his prosecution was an abuse of process, the CPS having failed to apply its policy in respect of victims of trafficking.

Fresh evidence in the form of medico-legal reports, a Rule 35 report, a scarring report and the decision of the SCA were sought to be adduced on appeal. The Respondent conceded that this was a case where BHX ought not to have been prosecuted but opposed the long extension of time as not being in the interests of justice as, it argued, there was no good reason for the delay.

Following a contested hearing, the Court admitted the fresh evidence, granted the extension of time and quashed BHX’s conviction restoring his good character.

Katie was instructed and expertly assisted throughout by Philippa Southwell of Southwell and Partners.