Vietnamese trafficking victim’s conviction overturned after first CCRC referral under anti-slavery law

25 Oct 2022 10:58 AM

A judge has overturned a conviction where the charges were a direct consequence of being a child victim of modern slavery. 

It is the first time the CCRC have referred a case based on section 45 of the Modern Slavery Act 2015, which serves as a defence for trafficking victims who were compelled to commit an offence.

‘Mr K’ was found working on a cannabis farm after being trafficked to the UK from Vietnam via Russia in 2016. In May 2017, the-then 17 year old pleaded guilty to the production of cannabis at a Youth Court and was sentenced to a 12 month referral order. 

The CCRC investigation considered new evidence that Mr K was a child victim of modern slavery and that his offending was a direct consequence of his trafficked situation. Mr K’s lawyers had originally advised him to plead guilty and did not tell him that he may have had a defence under section 45 of the Modern Slavery Act.

Following the CCRC’s referral back to the courts in May, a judge at Leicester Crown Court has now considered the case and directed a not guilty verdict.

Helen Pitcher OBE, Chairman of CCRC said:   

“This young man should not have been convicted of actions directly linked to being a victim of modern slavery.

“There is clear guidance on crimes committed by vulnerable trafficked children and victims of modern slavery, but this case shows that miscarriages of justice still happen.

“We urge any trafficking victims who feel they have received an unjust conviction to contact us and we will investigate their case.”

The CCRC investigation found that the CPS failed to follow its own guidance around victims of trafficking, despite clear evidence that was available from the time of his arrest through to his sentencing. 

The CCRC is the official independent body that has investigated thousands of potential miscarriages of justice in England, Wales and Northern Ireland.

Applications can be made by anyone who believes they have been wrongly convicted or sentenced, including those who have previously lost an appeal.

Notes to Editors