Human trafficking case involving a minor referred to the Crown Court 

A man who was a minor when convicted of multiple offences has had his convictions referred to the Crown Court by the Criminal Cases Review Commission (CCRC), after evidence suggested he was a victim of human trafficking. 

Mr GO, who was 17 at the time, was convicted of possession of a bladed article, and two offences of possession of a class A drug with intent to supply in June 2017.  

In February 2017 Mr GO was stopped by police as he matched a description of a male reported to have been selling drugs in the area. He was searched and he was found to be in possession of cannabis and a knife.  

He was arrested and was searched again, and was in possession of more drugs, a large sum of money, and four mobile phones.  

Mr GO pleaded guilty to the offences at the magistrates’ court, and he was sentenced to an 18-month detention and training order.  

Following his conviction Mr GO contacted a solicitor who then made enquiries about his status as a potential victim of trafficking. He was found to be a victim of modern slavery. 

Mr GO applied to the CCRC in June 2021 raising three issues: that he wasn’t informed of the defence under Section 45 of the Modern Slavery Act 2015, a failure by authorities to investigate his victim of trafficking status earlier, and breaches of articles four and six of the European Convention on Human Rights. 

Based on all the evidence considered, the CCRC has determined that there is a real possibility Mr GO could raise successfully a defence under s45 of the Modern Slavery Act 2015, and that there was sufficient evidence to investigate Mr GO’s trafficking status at the time of his conviction, and therefore there is a real possibility of the court staying the proceedings as an abuse of process. 

[ENDS] 

Notes to Editor: 

1. This press release has been anonymised due to the applicant’s status as a victim of trafficking. 

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 10 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.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.  

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 conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction. 

7. 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 Twitter @ccrcupdate.