Two young people’s convictions have been quashed following CCRC referrals to the appeal courts
In two separate cases, the CCRC referred the convictions of young people to the appeal courts on the basis that they were victims of trafficking or modern slavery, and their convictions have been quashed.
In January 2018, Mr IB who entered the UK illegally when he was 14 years old, left foster care and was taken to a car wash in Birmingham and introduced to people for whom he agreed to drive a car. He was convicted of driving without a licence. Later, the National Referral Mechanism (NRM) made a ‘reasonable grounds decision’ that Mr IB was the victim of modern slavery and trafficking. The appeal was allowed in June this year.
Mr HU was 15 years old, when he was interviewed following his arrest, thought his age was doubted at the time. He was convicted of production of cannabis in August 2009 at Peterborough Crown Court and sentenced to 20 months’ detention in a young offenders’ institution.
Despite the CPS not finding evidence of trafficking, Mr HU was subsequently referred to the UK Border Agency who concluded that there were reasonable grounds for believing that he had been trafficked. The Court of Appeal quashed his conviction yesterday.
In allowing his appeal, the court found that if the CPS had known his real age, at the time, it would probably not have prosecuted him.
Both referrals were made to the courts as the possibilities of human trafficking and modern slavery were not raised at the time, and both men pleaded guilty. The CCRC concluded that there was a real possibility that the courts would not uphold their convictions.
CCRC Chair Dame Vera Baird KC said:
“The CCRC frequently refers cases of young people who in earlier days should have been recognised as trafficking or modern slavery victims but were not. They would have had little option but to plead guilty to crimes they committed only because there were in fact victims of that appalling kind of criminality.
“Anyone who may be in the same position as these two young people can seek our help in a similar way.”
[ENDS]
Notes to Editor:
- Both applicants have been anonymised as they are victims of trafficking.
- 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.
- 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.
- The CCRC received more than 1,800 applications for reviews (convictions and/or sentences) last year. Since starting work in 1997, the CCRC has referred more than 900 cases to the appeal courts.
- 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”.
- If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.
- 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.
