Sentence referral to the Court of Appeal by CCRC after evidence of human trafficking

A sentence has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) after evidence came to light about the possibility the convicted person was a victim of human trafficking.  

Mr GM was convicted in August 2013 of offences including possession of a firearm with intent to endanger life, possession of crack cocaine with intent to supply and possession of ammunition. He was sentenced to ten years’ imprisonment.  

It has since been determined by the Home Office that Mr GM was a victim of modern slavery with forced criminality during 1999 to 2005 and 2013.  His counsel at his original sentencing hearing was unaware that there was evidence suggesting he was a victim of human trafficking. 

In May 2013 police surveillance showed Mr GM passing a small bag to his co-defendant, which was then thrown from the window of a taxi. The taxi was stopped, and a loaded pistol was found under the front passenger seat. Live rounds were also found.  

In June 2013 Mr GM’s house was searched and £3,000 worth of drugs were found.  

Mr GM pleaded guilty on the basis that he was the custodian of the firearm, ammunition and the drugs. He attempted to appeal his sentence, and while the court reduced one of the sentences, it was running concurrent to a longer one, so it did not impact the overall ten-year sentence.   

Based on the information provided to the CCRC, as well as a detailed review of the case, the CCRC considers there is a real possibility the Court of Appeal would find Mr GM to be a victim of human trafficking and reduce his sentence accordingly.  

[ENDS] 

Notes to Editor: 

1. This press release has been anonymised due to the nature of the convictions and safeguarding issues in relation to the applicant. 

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 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 information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.  Applicants should usually have appealed first. A sentence can be referred in the absence of 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 sentence should be changed.       

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.