Justice at last for child trafficking victim who was supported by the Howard League 

A young man who pleaded guilty to charges eight years ago while a victim of child trafficking had his appeal against conviction allowed today (Friday 4 July) after his case was referred back to court by the Criminal Cases Review Commission (CCRC), following an application by the Howard League for Penal Reform.

The victim, who wishes to remain anonymous, was a child 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. And no investigation compliant with Article 4 of the European Convention on Human Rights was undertaken into the trafficking offence.

The victim was eventually sent to prison after being given an 18-month detention and training order. He spent years living with a criminal record – until today, when his ordeal came to an end with a successful appeal against conviction at Canterbury Crown Court.

In response to Howard League representations, the Crown Prosecution Service (CPS) acknowledged that the police ostensibly failed to fulfil their obligations under the 2015 Modern Slavery Act. The CPS recognised that solicitors and barristers representing the victim either overlooked or had inadequate knowledge of defences available to victims of slavery or trafficking.

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “This was a terrible miscarriage of justice and I am relieved that, following an application from the Howard League, a young man can now move on with his life without being held back by a criminal record.

“Sadly, 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 victim had 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 his 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. He was sentenced at the crown court.

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.

In the first instance the CCRC turned the application down, concluding there were no grounds for a referral. But the Howard League persisted and made further representations, which resulted in the positive decision in January 2025 to refer the case back to Canterbury Crown Court for appeal.

The CCRC found that the young person met the criteria required under section 45 of the Modern Slavery Act, that there was credible evidence that he was a victim of exploitation, and that there was a real possibility of an abuse of process.

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 the High Court considered the process in 2021 after an application to vacate the child’s guilty plea was refused

In their judgment, the then Lord Chief Justice, Lord Burnett of Maldon, and Mr Justice Bryan 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. This is not the case for guilty pleas made in the crown court and leads to unfairness for those in the youth and magistrates’ courts.

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. The CCRC issued a press release about the case in January 2025: https://ccrc.gov.uk/news/human-trafficking-case-involving-a-minor-referred-to-the-crown-court/
3. For more information about the High Court case, read this January 2021 blogpost by Kate Aubrey-Johnson of Garden Court Chambers: https://gardencourtchambers.co.uk/our-kate-aubrey-johnson-acts-in-case-that-clarifies-the-only-route-of-appeal-for-victims-of-modern-slavery/

Contact

Noor Khan
Press and Public Affairs Officer
Tel: +44 (0)20 7241 7873
Email: [email protected]