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Criminal law – Immigration offences. The Court of Appeal, Criminal Division, dismissed appeals by the defendant foreign nationals, which had been referred to it by the Criminal Cases Review Commission on the basis that there had been clear injustice in that both defendants could have relied on the statutory defences of which they had been unaware and not appropriately advised. The court held that, on the evidence, it could not conclude that the relevant defence had not been considered by those then representing the defendants, and, even if the defence had been launched, it could not be concluded that it would have been successful in respect of one defendant, and it could not conclude that that would negate an unequivocal guilty plea by the other defendant.
Criminal law – Immigration offences. The Court of Appeal, Criminal Division, dismissed appeals by the defendant foreign nationals, which had been referred to it by the Criminal Cases Review Commission on the basis that there had been clear injustice in that both defendants could have relied on the statutory defences of which they had been unaware and not appropriately advised. The court held that, on the evidence, it could not conclude that the relevant defence had not been considered by those then representing the defendants, and, even if the defence had been launched, it could not be concluded that it would have been successful in respect of one defendant, and it could not conclude that that would negate an unequivocal guilty plea by the other defendant.
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