Summary
We had previously represented our client when he was a youth, where a positive NRM referral showed conclusive grounds that he was a victim of modern slavery and he was found not guilty due to being criminally exploited. He was later charged with further drug and offensive weapon charges, despite these charges pre-dating the original case. Our team highlighted these issues with the Prosecution and the new charges against our client were withdrawn.
Details of the Case
Our client was previously charged with several offences relating to the supply of drugs and possession of an offensive weapon. As part of this case, we obtained a positive NRM referral with conclusive grounds as well as an expert report which corroborated that our client had been a victim of modern slavery. Our client was found not guilty of these charges as our team were able to prove that our client’s offending was the result of being criminally exploited.
Following this, our client was charged with a further five drug and offensive weapon offences. These offences occurred prior to the previous offences where our client was acquitted, however he was only charged after the original matter had been resolved. Due to our defence that our client had been criminally exploited for an extended period, these offences should have therefore been covered under the same modern slavery defence.
Our Defence
Trainee Solicitor Lauren Gilbert made early written representations prior to the first court appearance, asking for the charges against our client to be reviewed. These representations were later corroborated by Solicitor Samantha Harmer at court. They highlighted to the Prosecution that the new charges pre-dated the original matter and that the period of exploitation covered the new charges.
A significant amount of time had also passed between the date of the offences and our client being charged, meaning that our client was now an adult despite being a youth at the time of the offences. This meant that his case would not be heard in the Youth Court and he was liable to more severe penalties if prosecuted as well as a more challenging trial process.
Outcome
Ahead of our client’s trial date, we received a notice from the Prosecution confirming that they would be withdrawing all charges. They confirmed the reasons laid out in Lauren’s representations, stating that proceeding with the charges would not be in the public interest as our client would no longer be able to be tried in the Youth Court, and due to the evidence that he had been criminally exploited.
Our client was very grateful to Samantha and Lauren for their assistance in having the charges withdrawn. Without Samantha and Lauren’s expertise and early intervention, it’s likely that our client’s case would have proceeded to court.
Looking for a specialist defence solicitor?
Have you been accused of a criminal offence? We understand how difficult this can be and the impact a criminal charge can have on your future. At Lawtons, we have extensive experience in all areas of criminal law and are dedicated to securing the best possible outcome for our clients. If you need legal advice, please do not hesitate – contact a member of our specialist team today.
