DPP v M [2020] EWHC 3422 (Admin); [2021] 1 W.L.R. 1669; [2020] 12 WLUK 196; [2021] 4 C.L. 54
This was a highly significant case concerning whether or not National Referral Mechanism decisions made by the Single Competent Authority where possible victims of trafficking face criminal charges are admissible at trial.
Ben appeared for the DPP.
The Divisional Court rejected his argument that such decisions were inadmissible as potentially ultracrepidarian, untested, hearsay/multiple hearsay evidence, which was inadmissible on Hollington v Hewthorn [1943] 1 KB 587 principles, and which would often be self-serving.
In Brecani in a Special Court constitution of the Court of Appeal Criminal Division, the Lord Chief Justice, the Vice President of the CACD and Mr Justice Jeremy Baker overturned DPP v M, holding that Ben’s argument was and had been correct.