Mr HX

Mr HX was convicted in November 2024 at Birmingham Magistrates’ Court of affray and two counts of possession with intent to supply Class A drugs. He was aged 16 at the time of the offences and pleaded guilty, receiving a 12-month referral order.  

At the time of his plea, Mr HX’s legal representatives did not consider that he could have been a victim of human trafficking and so did not advise him that he may have had a defence under section 45(4) of the Modern Slavery Act 2015. 

However, following the intervention of Birmingham Youth Justice Service, which recognised that Mr HX was a potential victim of child exploitation, a referral was made to the Single Competent Authority (SCA) which issued a ‘reasonable grounds decision’ that Mr HX was a victim of trafficking in December 2024. He applied to the CCRC the same month. 

In May 2025, the SCA made a conclusive decision that, on the balance of probabilities, Mr HX was recruited and transported for the purposes of exploitation and that he was at the time of his offending a victim of modern slavery for the purposes of forced criminality.  

Following a review, the CCRC decided to refer Mr HX’s convictions to the Crown Court.  If the CPS decided to resist the appeal, there was a real possibility the Crown Court would stay the proceedings as an abuse of process or otherwise would not uphold the conviction at a rehearing.  

The CCRC referred the conviction in March 2026.