Case Explained: Convictions of trafficked 16-year-old referred for appeal – The Justice Gap – Legal Perspective

The miscarriages of justice watchdog has sent the case of a human trafficking victim to the Court of Appeal after their investigation revealed a defence under the Modern Slavery Act had not been raised.

The 16-year-old boy, referred to as Mr HX, was convicted in November 2024 at Birmingham Magistrates’ Court of affray and two counts of possession with intent to supply Class A drugs. He pleaded guilty and received a 12-month referral order.

The Criminal Cases Review Commission (CCRC) now says because he was a victim of human trafficking at the time of his offending, there is a chance his conviction could be found to be unsafe. They have criticised authorities for prosecuting him when they should have been protecting him from exploitation.

The body say his legal representatives did not recognise that he might have been a victim of trafficking and he was therefore not advised that he may have had a statutory defence under section 45(4) of the Modern Slavery Act 2015. Professional guidance for lawyers emphasises that they should remain alert to indicators of trafficking and consider the possible application of this defence. In cases involving children, the law recognises their vulnerability to coercion.

Campaigners, including the Children’s Society, have raised concerns about the criminalisation of trafficked children involved in drug distribution networks, often referred to as ‘county lines’. Children may be groomed and exploited by organised criminal groups to transport or sell drugs. They may then be prosecuted for offences connected to that exploitation.

Concerns were raised by Birmingham Youth Justice Service, which identified Mr HX as a potential victim of child exploitation. The case was referred to the Single Competent Authority (SCA) through the UK’s National Referral Mechanism for identifying victims of modern slavery.

In December 2024, the SCA issued a ‘reasonable grounds’ decision indicating that Mr HX may have been a victim of trafficking. In May 2025, the authority concluded he was a victim of modern slavery involving forced criminality.

CCRC chair Dame Vera Baird KC said: ‘This is a young man who was a victim of modern slavery, and was convicted of criminal offences when the authorities should, instead, have been protecting him from exploitation. There is a real possibility that his convictions will be quashed.’