Trafficked boy’s knife conviction referred to Crown Court | Criminal Cases Review Commission
The Criminal Cases Review Commission (CCRC) has referred a conviction for carrying a knife in a public place to the Crown Court, following an investigation disclosing evidence that the defendant, a 16-year-old boy at the time, was a victim of human trafficking.
Mr HJ, then aged 16, pleaded guilty on 7 October 2014 at South East London Magistrates’ Court to possession of a bladed article in a public place, contrary to section 139 of the Criminal Justice Act 1988. He was sentenced to four months’ detention and training.
Police saw him acting suspiciously in an area of London known for drug dealing. When officers approached him, he ran away and tried to dispose of a kitchen knife.
He was arrested and, on legal advice, gave no comment in the police interview and pleaded guilty at the Magistrates’ Court. He applied to the CCRC for a review of the conviction in January 2022. There is normally no appeal available following a guilty plea, so the defendant is only able to pursue his innocence using the CCRC’s decision that there are exceptional circumstances to justify it.
An investigation has found that there is now credible evidence available indicating that Mr HJ was a victim of trafficking who was exploited, as a child, to commit criminal offences.
It seems clear that in this case, which was prior to the modern slavery legislation, neither the prosecution nor the defence identified trafficking as a relevant issue. Had they done so, the prosecution may have decided that it was not in the public interest to prosecute Mr HJ or the defence may have argued that the court should stay the proceedings as a violation of the Convention on Action against Trafficking in Human Beings 2005, and thus an abuse of process.
The information and guidance now available provide a real possibility that the Crown Court will conclude that the prosecution of Mr HJ was an abuse of process and that it would be unjust to allow his conviction to stand.
Dame Vera Baird, Chair of the CCRC, yesterday said:
“Trafficking victims may well not appreciate that they are being exploited or that there is a defence if they are forced to commit crime. That is especially likely with child victims but not unknown with adults.
“We hope that referring this case may not only help Mr HJ but also alert other victims to any possibility that a conviction might be unjust and encourage them to contact the CCRC who will investigate at no cost to the applicant.”
Notes to Editors:
This release has been anonymised due to safeguarding concerns.
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 ten 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 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.
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 conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction.
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.
