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Drugs conviction referred to Crown Court on evidence of modern slavery and trafficking 

Published:

A man’s conviction for producing a controlled class B drug has been referred to the Crown Court by the Criminal Cases Review Commission (CCRC) based on new evidence that he was a child victim of modern slavery and human trafficking.  

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 wasn’t 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 means there is 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 has a real possibility of success on appeal.  

The CCRC considers there to be a real possibility that the Crown Court will not uphold the conviction on appeal. 

[ENDS] 

Notes to Editor:  

  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 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.   
  1. 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.     
  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.