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Vietnamese trafficking victims win appeal against convictions Vietnamese trafficking victims win appeal against convictions
(35 minutes later)
Three children from Vietnam who were trafficked to the UK and forced to work for criminal gangs have had their criminal convictions quashed.Three children from Vietnam who were trafficked to the UK and forced to work for criminal gangs have had their criminal convictions quashed.
The court ruled they should not have been prosecuted because they were victims of a "vile trade in people". The children were arrested after police raids on cannabis factories and later convicted of drug offences.
The three children were arrested and convicted for drug offences after police raids on cannabis factories. In an unrelated case, a woman from Uganda had her conviction for carrying false documents overturned.
In an unconnected case, a woman from Uganda also had her conviction for carrying false documents overturned. The judge said the four should not have been prosecuted because they were victims of a "vile trade in people".
Lawyers for the four argued they should not have been prosecuted because they were all victims of trafficking. The Court of Appeal overturned their convictions and issued guidance to courts about how potential trafficking victims should be treated by the criminal justice system.
The Court of Appeal overturned all four convictions and has issued guidance to courts about how potential trafficking victims should be treated by the criminal justice system.
'Victims of crime''Victims of crime'
Lord Judge, Lord Chief Justice, said: "This vile trade in people has different manifestations.Lord Judge, Lord Chief Justice, said: "This vile trade in people has different manifestations.
"Whether trafficked from home or overseas, they are all victims of crime. That is how they must be treated and, in the vast majority of cases they are, but not always.'""Whether trafficked from home or overseas, they are all victims of crime. That is how they must be treated and, in the vast majority of cases they are, but not always.'"
The guidance issued makes it clear it is not for the courts to decide whether someone should be prosecuted.The guidance issued makes it clear it is not for the courts to decide whether someone should be prosecuted.
But in cases where issues of trafficking arise, the court can stop the prosecution if it is thought the defendant is a trafficking victim and committing offences as a result of their exploitation.But in cases where issues of trafficking arise, the court can stop the prosecution if it is thought the defendant is a trafficking victim and committing offences as a result of their exploitation.
Lawyers for the four had argued they should not have been prosecuted because they were all victims of trafficking.
The Ugandan woman, in her mid-thirties, was sentenced to six months in prison after pleading guilty to possessing a false passport.
But the court heard she suffered "prolonged exposure to involuntary prostitution and enforced control" and that the passport offered her the prospect of escape.
Lord Judge told the court he understood that the Director of Public Prosecutions was to "reconsider" what discretion prosecutors have in relation to trafficking victims.
The appeals involved cases from Blackfriars Crown Court in London, Nottingham Crown Court, Bristol Crown Court and Harrow Crown Court in Middlesex.
The victims cannot be identified and are referred to only by their initials.