Iyanu Adebayo v. Procurator Fiscal, Paisley [2015] HCJAC 79

Bill of suspension:- On 13 March 2008, at Paisley Sheriff Court, the complainer appeared on summary complaint and pled guilty to a contravention of section 25(5)(a) of the Identity Cards Act 2006, namely, having in her possession or under her control without reasonable excuse an identity document namely, a Canadian Passport in a false name. The complainer was legally represented at that time. Sentence was deferred for the preparation of a social enquiry report. During the preparation of that report the complainer made no reference to the author of the report to her being the victim of human trafficking. On 3 April 2008, when the case next called for sentencing, the complainer’s solicitor again made no reference to the complainer being the victim of trafficking. Here the complainer sought to have the court quash the conviction on the basis that the plea of guilty ought not to have been tendered as the possession of the false identity document was held only to escape the continued abuse by the traffickers. Here the court refused the Bill. It was noted that the first time the complainer raised the issue of her having been the victim of human trafficking was to the UK Border Agency on 8 March 2012. Further, it would appear that if the complainer was a victim of trafficking she was free of that situation by 2002 at the latest and that position could not provide the complainer with a defence to the offence in March 2008. In addition, the court reiterated its reluctance to allow a plea of guilty to be withdrawn particularly when it has been tendered with the benefit of legal advice.