Trafficking and modern slavery victim’s driving convictions referred to Crown Court  

The Criminal Cases Review Commission (CCRC) has referred a man’s convictions for driving without a licence and insurance to the Crown Court because he is a victim of human trafficking or modern slavery and therefore had a defence under the Modern Slavery Act of which he was not advised.

Mr IB left his native Albania in 2016 aged 14 and entered England illegally. He presented himself to police in December 2017 and was placed in foster care. A referral was made to the National Referral Mechanism (NRM), a framework for identifying and supporting trafficking and slavery victims.

In January 2018, Mr IB left foster care and was taken to a car wash in Birmingham and introduced to Albanian men for whom he agreed to drive a car. The next month, the NRM made a ‘reasonable grounds decision’ that Mr IB was the victim of modern slavery.

In May 2021, Mr IB was stopped by police whilst driving a car with a male passenger. He was asked for his licence and insurance but told them he had neither. A search of the vehicle found bags of cocaine and both men were arrested.

Although Social Services were in possession of evidence that Mr IB was at risk of criminal exploitation, no check was carried out of the systems that would have revealed that this was an issue to be considered.

The possibility of modern slavery and human trafficking were also not raised by Mr IB’s solicitor and therefore it was not considered at any stage in the proceedings. At no point was Mr IB advised that he may have had a defence under Section 45 of the Modern Slavery Act 2015.

Mr IB pleaded guilty to the driving offences at the magistrates’ court and was fined £125 and disqualified from driving for three months. No further action was taken regarding the drugs.

In August 2022, the NRM reopened Mr IB’s trafficking file following representations from his solicitors and in February 2023 it made a ‘conclusive grounds decision’ that he was the victim of trafficking or modern slavery.

Mr IB has no right to appeal his conviction directly, due to his guilty plea in the magistrates’ court, but he applied to the CCRC in November 2023. A detailed review of his case has found a real possibility that, on any rehearing in the Crown Court, a Section 45 defence would succeed, and the Court would not uphold the conviction.

[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 16 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 1,600 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.