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16-year-old boy was a human trafficking victim when convicted – defence under the Modern Slavery Act 2015 was never raised – CCRC has referred his appeal to the Crown Court

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The Criminal Cases Review Commission (CCRC) has referred a young person’s convictions for affray and drug possession with intent to supply because of evidence he is a victim of human trafficking and modern slavery and therefore had a defence to the charges under the Modern Slavery Act 2015 

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

CCRC Chair Dame Vera Baird KC said “This is a young man who was a victim of modern slavery,  and was convicted of criminal offences when the authorities should, instead, have been protecting him from exploitation. There is a real possibility that his convictions will be quashed.” 

[ENDS] 

Notes to editors: 

  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.     
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.   
  1. The CCRC usually receives around 1,600 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.     
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.          
  1. If a conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction. 
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.