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Duncan Lewis has been instructed to represent the UN Special Rapporteur on Trafficking in Persons, especially in Women and Children, in the Court of Appeal (4 November 2021)

Date: 04/11/2021
Duncan Lewis, Public Law Solicitors, Duncan Lewis has been instructed to represent the UN Special Rapporteur on Trafficking in Persons, especially in Women and Children, in the Court of Appeal

Our London based public law team has been instructed by the UN Special Rapporteur to intervene in the forthcoming Court of Appeal (Criminal Division) case of R v AAD, AAH and AAI.

The Special Rapporteur on trafficking in persons, especially women and children is one of the thematic special procedures overseen by the United Nations Human Rights Council. At its sixtieth session, the UN Commission on Human Rights adopted decision 2004/1101, by which it decided to appoint, for a three-year period, a Special Rapporteur on trafficking in persons, especially women and children, to focus on the human rights aspects of the victims of trafficking in persons. This mandate has been regularly extended by State consensus since then.

In July 2020, the mandate of the Special Rapporteur was extended again for three years by Human Rights Council resolution 44/43.

It is noteworthy that this is only the second time that the UN Special Rapporteur on Trafficking in Persons especially in Women and Children has sought to intervene in a domestic case in the UK and on both occasions has instructed our public law team to represent her. On the previous occasion, the team represented the UN Special Rapporteur in the Supreme Court in the matter of Wong v Basfar 2020/0155.

The cases all involve issues related to Victims of Trafficking (‘VoT’) but their procedural and factual backgrounds are distinct. They have been listed together by the Registrar in order for the court to have the opportunity to provide further guidance and clarification with regard to applications involving VoTs.

This will be an opportunity for the Court to issue further clarification and interpretation of its earlier decision in Brecani [2021] EWCA Crim 731, where the Court held that the Single Competent Authority (‘SCA’) Conclusive Grounds decision was not expert evidence and therefore not admissible at trial.

The UN Special Rapporteur’s intervention will address the issues before the court and will aim to assist the Court’s consideration of the issues before it by providing the complete context of the international framework and standards for the protection of VoTs.



Legal team: Our Raja Uruthiravinayagan, Gina Skandari, Sophie Chadd and Chloe Palmer.



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