Phan v HM Advocate

Criminal law – Human Trafficking and Exploitation (Scotland) Act 2015 – Compatibility with EU Directive. High Court of Justiciary: In proceedings in which a Vietnamese man, who was prosecuted for, inter alia, producing cannabis, presented a compatibility minute, and a reference from the sheriff at Glasgow, posed three questions, the court held that the Human Trafficking and Exploitation (Scotland) Act 2015 was not incompatible with Directive 2011/36/EU in the absence of a statutory defence to the effect that the minuter had been compelled to act as he did as a direct consequence of being subject to human trafficking; in the absence of a statutory defence the continued prosecution of the minuter was not incompatible with the Directive, Article 47 of the EU Charter of Fundamental Rights and art 6(1) of the European Convention on Human Rights; and, the 2015 Act and continuation of the proceedings being compatible with the Directive, the court did not require to give directions additional to the standard directions so as to give effect to the Directive.

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