Convictions of victim of modern slavery referred to the Court of Appeal  

The Criminal Cases Review Commission (CCRC) has referred a man’s convictions to the Court of Appeal after a review found that as a victim of modern slavery, he should have been advised of the availability of a defence under the Modern Slavery Act 2015.  

Mr GQ pleaded guilty and was convicted on 8 July 2016 at Oxford Crown Court of four counts of possession of a Class A drug with intent to supply. He received a sentence of 40 months’ imprisonment.  

Two counts related to offences which took place in May 2016. The other two counts related to offences in June 2016.  

The CCRC received an application for review of his conviction in March 2023. There are exceptional circumstances in this case to justify a referral, even though Mr GQ has not previously appealed.   

In April 2022, the Single Competent Authority (SCA) informed Mr GQ of a Conclusive Grounds Decision that he was a victim of modern slavery for the purpose of forced criminality (“County Lines” drug dealing).  

Section 45(1) of the Modern Slavery Act 2015 provides a complete defence for slavery or trafficking victims who commit offences in specified circumstances.  

The CCRC’s review has found no reason to dispute the SCA’s decision to recognise Mr GQ as a victim of slavery and that a section 45 defence would have been available to him at the time of his arrest.  

However, the CCRC has found no evidence that this defence was mentioned to Mr GQ at any point, despite information and guidance available at the time indicating that Mr GQ should have been identified as a possible victim of modern slavery, referred into the National Referral Mechanism, and advised of a possible section 45 defence.   

Therefore, there is a real possibility the Court of Appeal will overturn the convictions on the basis that Mr GQ was not advised of this defence which would quite probably have succeeded.  

[ENDS] 

Notes to Editors: 

1. The CCRC has anonymised this press release due to safeguarding concerns.  

2. 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.     

3. There are currently nine 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.  

4. The CCRC usually receives around 1,500 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.     

5. 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”.       

6. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.