What constitutes a change in law case for the purposes of granting leave to appeal

Ben Douglas-Jones QC appeared for the Crown in GS [2018] EWCA Crim in which the Court analysed what constitutes a change in law case for the purposes of granting leave to appeal against conviction out of time in human trafficking cases. The risk to the Applicant’s immigration status was deemed to be a substantial injustice. The case set out a hard edge approach the receipt of medical evidence on appeal in the context of trafficking cases on the ground that the evidence could have been adduced in the Crown Court, exceeded the proper scope of the experts’ expertise and a retrospective analysis of an appellant’s psychological status will not necessarily be accurate. The case addressed the significance of duress being rejected by a jury where trafficking status is on appeal relied on to show an abuse of process.