Mr HG
Mr HG was arrested at a property in October 2021 and convicted of producing cannabis. At the time he was thought to be 26 years old and was sentenced to 26 weeks’ imprisonment.
Mr HG applied to the CCRC in July 2023 stating that he was in fact 16 years old when he was convicted.
During his police interview Mr HG had denied the allegations against him. He said that he was working at the property and was provided with food and shelter. He asserted that he was told to look after the plants and was not aware that they were cannabis.
The following day he pleaded guilty and was convicted at the Magistrates’ Court.
The submissions to the CCRC included new evidence that Mr HG was a child victim of human trafficking and modern slavery. This meant that there was a real possibility that a defence under section 45(4) of the Modern Slavery Act 2015 would succeed on appeal.
Section 45(4) provides a complete defence for child victims of slavery or trafficking who, because of their exploitation, commit certain offences.
Mr HG also submitted that the police and prosecution did not adequately comply with their obligations to investigate potential situations of trafficking under Article 4 of the European Convention on Human Rights and that a defence under section 28 of the Misuse of Drugs Act 1971 had a real possibility of success on appeal.
The CCRC considered there to be a real possibility that the Crown Court would not uphold the conviction on appeal.
The CCRC referred the conviction in April 2025.
The Crown Court quashed the conviction in May 2025.