Howard League makes successful application for child trafficking victim’s conviction to be appealed

A boy who pleaded guilty to charges while a victim of child trafficking could have his conviction overturned after the Criminal Cases Review Commission (CCRC) decided to refer the case back to the court for review, following an application from the Howard League for Penal Reform.

The victim, who is now a young man and wishes to remain anonymous, was 17 when he was charged with possession of a bladed article and possession with intent to supply Class A drugs in circumstances described as ‘street dealing’. He explained to his solicitor at the time that he had been coerced to commit the offences; text messages taken from his mobile phone supported his account and raised police concerns that he was involved in ‘county lines’ criminal exploitation. However, no referral was made to the National Referral Mechanism (NRM), which is the framework for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support.

The boy assumed that he was guilty of the charges because he had been caught with the illegal items in his possession. He was not advised of any possible defence to his actions, and therefore he made an unequivocal guilty plea in the youth court. A detailed pre-sentence report supported the boy’s account of being subjected to threats and violence and being forced to sell drugs on behalf of others. But, again, no NRM referral was made. At the crown court, the boy was handed an 18-month detention and training order.

Once in prison, the boy contacted the Howard League legal team, which compelled the Youth Offending Service to submit a retrospective NRM referral. The National Crime Agency considered the boy’s circumstances and determined that he was a victim of trafficking. When the boy faced further criminal proceedings, in relation to another incident involving his traffickers, the findings of this NRM referral were presented in his defence and he was acquitted.

In 2021, the Howard League made submissions to the CCRC, an independent body that investigates potential miscarriages of justice. The charity argued that the findings of the NRM referral provided fresh evidence that raised a real possibility that a court would find the conviction for the earlier matter to be unsafe.

The CCRC has confirmed that it has referred the case back to the crown court. The Crown Prosecution Service (CPS) must now decide if it will oppose the appeal; if the appeal is not successfully opposed, the court can quash the conviction.

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “If this decision by the CCRC leads to an acquittal, it will address a terrible miscarriage of justice. It will also help a young man to move on with his life without being held back by a criminal record.

“The details are shocking, but this is not an isolated case. The Howard League’s legal advice line has seen a rise in calls from young people in custody who may be victims of trafficking.

“Often, those who contact us have pleaded guilty to the charges against them because they have not been advised that they have a possible defence of modern slavery and/or they have not been referred to the National Referral Mechanism. These failures demonstrate the appalling scale of child criminal exploitation, and they have disastrous consequences for young people who ought to be protected, not imprisoned.”

The Howard League made the application to the CCRC because the boy was unable to go directly to the crown court to appeal his conviction. This position became clear after his case was heard in the High Court in 2021.

The Howard League instructed Kate Aubrey-Johnson of Garden Court Chambers and Francis FitzGibbon KC of 23 Essex Road. An application was made to remedy his conviction under the ‘slip rule’, to use section 142 of the Magistrates’ Court Act 1980 to vacate the boy’s guilty plea; this was refused by the magistrates’ court and so the Howard League brought a case stated appeal to the High Court.

In their High Court judgment, the then Lord Chief Justice, Lord Burnett of Maldon, and Mr Justice Bryan concluded that those who unequivocally plead guilty in the magistrates’ court cannot use the Magistrates’ Court Act to vacate their plea and appeal against conviction.

The judgment clarified that the only route of appeal for victims of modern slavery, such as children and young adults groomed into street dealing by county lines gangs, who pleaded guilty because they were not advised of a possible defence otherwise, is an application to the CCRC.

Notes to editors

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison.
2. Having considered the case, the CCRC has concluded that there is a real possibility that the defence would successfully mount a defence under section 45(4) of the Modern Slavery Act 2015. Furthermore, the CCRC has concluded that the CPS’s failure to apply its guidance led to material factors being overlooked and that there is a real possibility, if referred, these factors would now lead to the prosecution being discontinued or to the court granting a stay. Accordingly, the CCRC concludes that there is a real possibility that the conviction would not be upheld if referred to the crown court. A CCRC press release about the case can be found here.
3. For more information about the High Court case, read this January 2021 blogpost by Kate Aubrey-Johnson of Garden Court Chambers.

Contact

Rob Preece
Communications Manager
Tel: +44 (0)7714 604955
Email: [email protected]