Man’s convictions referred to Crown Court due to credible evidence he was a victim of modern slavery

The Criminal Cases Review Commission (CCRC) has referred to the Crown Court the convictions of a man for possession with intent to supply Class A drugs because there is credible evidence he was a victim of modern slavery at the time of those offences. 

Mr GL, a Somali national, was convicted on 20 December 2016 at Central Buckinghamshire Magistrates’ Court of two counts of possession with intent to supply Class A drugs (cocaine and heroin).  

In February 2017 he was sentenced at Aylesbury Crown Court to 28 months’ detention in a Young Offender Institution. The Court of Appeal quashed this sentence in September 2023 and substituted it for a 24-month Detention and Training Order. 

Mr GL pleaded guilty in a Magistrates’ Court, so he had no right to appeal his convictions. The CCRC received an application to review the case in July 2022.  

The CCRC’s review has found that there was credible evidence at the time of Mr GL’s arrest, charge and conviction indicating that he was a victim of modern slavery.  

Consistent with the Crown Prosecution Service guidance available at the time, Mr GL should have been referred through the National Referral Mechanism for victim identification.  

Mr GL was not advised that he may have had a statutory defence available to him under section 45 of the Modern Slavery Act 2015. That defence would probably have succeeded.  

Consequently, there is a real possibility the Crown Court will stay any future prosecution as an abuse of process or, if there is a rehearing, will acquit Mr GL on the basis that a Section 45 defence is made out.  

[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.     

2. 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.   

3. 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.     

4. 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”.       

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

6. 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.