Mr GB
Mr GB was convicted in November 2011 of fraud with intent and received a sentence of 12 weeks’ imprisonment.
The CCRC received an application for review of the conviction in March 2018.
Mr GB, a Ugandan national, had pleaded guilty in Magistrates’ Court. He was subsequently found to have been a victim of trafficking (VoT) at the time of those offences by the Single Competent Authority.
There were indicators that at the time of his interview, conviction and sentencing, Mr GB had been trafficked within the UK for the purposes of forced labour and was compelled to commit offences as a direct consequence of his trafficked situation.
However, the Crown Prosecution Service (CPS), the police, defence representatives and the Court did not instigate any further enquiries.
Had the CPS applied its own guidance, complied with the UK’s obligations to VoTs and reached an informed decision, it would have, or might well have, decided that it was not in the public interest to prosecute Mr GB.
In the alternative, had the defence advised Mr GB to enter a not guilty plea, he could have elected for Crown Court trial and advanced the argument that the failure of the CPS to follow its own guidance amounted to a breach of the UK’s obligations under Article 26 of the Trafficking Convention.
The CCRC concluded there was a real possibility the Crown Court would allow Mr GB to vacate his guilty plea and enter a not guilty plea, establish whether or not the CPS intended to prosecute the case again and, if so, stay the proceedings as an abuse of process.
The CCRC referred the conviction in October 2020.
The Crown Court quashed the conviction in December 2020.