Mr FM

Mr FM was convicted in November 2007 of cultivation of cannabis and received a sentence of 20 months’ imprisonment.

The CCRC received an application for review of the conviction in January 2015.

Mr FM, a Chinese national, was arrested following a police raid on a house where cannabis was being cultivated. Mr FM pleaded guilty in Magistrates’ Court.

Whilst serving his sentence, Mr FM claimed asylum in the UK. The application refused and he was served with a deportation order.

During his immigration detention, Mr FM came to the attention of the Salvation Army which made an application on his behalf to the National Referral Mechanism for recognition of Mr FM as a victim of trafficking.

The Home Office subsequently made a conclusive decision that Mr FM was trafficked into the UK.

Following review, the CCRC concluded that there was evidence available to show that Mr FM was a credible victim of trafficking and was compelled to commit criminal offences as a direct consequence of his trafficked situation.

Had the prosecution identified trafficking as a relevant issue, applied its mind conscientiously to the question of public policy and reached an informed decision, it would have, or might well have, decided that it was not in the public interest to prosecute Mr FM.

Had the defence identified this issue and argued that Mr FM’s case amounted to a breach of the UK’s obligations under the Vienna Convention, the court might have agreed to stay the proceedings.

There was therefore a real possibility that the Crown Court would allow Mr FM to vacate his guilty plea and, if he was re-prosecuted, that it would stay the proceedings as an abuse of process.

The CCRC referred the conviction in November 2016.

The Crown Court quashed the conviction in February 2017.