Summary
Our youth client was arrested at his home on suspicion of being concerned with the supply of class A drugs. He was later charged with six offences relating to the supply of drugs and possession of weapons.
A National Referral Mechanism (NRM) referral was later made on our client’s behalf as there were grounds to believe his offending was the result of criminal exploitation. After positive conclusive grounds were found, we instructed experts to support these findings. Ultimately, the Judge was satisfied with our defence that our client’s offending was the result of exploitation, and he was found not guilty of all charges.
Details of the Offence
Upon a search of his room, Police found a drugs line (phone), quantities of crack cocaine, heroin and drug paraphernalia, as well as two sheathed sword-like weapons. Although he answered no comment during his Police interview, our client later accepted his involvement in the supply of drugs.
Our client was seventeen at the time of his arrest but had first become involved in criminal activity at the age of fourteen. Since then, he was heavily involved in county lines activity to distribute and supply drugs. It was suspected that our client’s actions throughout this period were the result of him being criminally exploited.
The NRM was made on behalf of our client to ascertain whether he was a victim of child criminal exploitation (CCE). After consideration, the Single Competent Authority (SCA) confirmed that there were positive conclusive grounds to suggest this.
National Referral Mechanism
Specialist Youth Solicitor Samantha Harmer and Trainee Solicitor Lauren Gilbert represented our client on this matter. Both Lauren and Samantha worked hard throughout the proceedings to prepare a robust defence for our client and to make sure that he was supported and informed throughout. Our client was very untrusting due to his experiences as a victim of exploitation, and it took Lauren and Samantha considerable time to build a rapport with our client in order to establish that trust.
Although the NRM suggested that our client was a victim of CCE, further evidence was needed to corroborate that our client’s offending was a direct result of CCE. To support the findings of the NRM, Lauren instructed several experts to analyse whether our client’s behaviour and traits aligned with a child who had been criminally exploited.
The reports confirmed the fact that our client was a vulnerable youth and that exploitation had had a significant impact on his mental health and his psychological well-being. Additionally, our client had previously been arrested and charged with similar offences as the result of being exploited.
Child Criminal Exploitation
Our client admitted that he had wanted to remove himself from his involvement in selling drugs. However, those exploiting him were using a tactic known as debt bondage, where they forced our client to keep working for them by claiming he was indebted to them. Our client’s debt was continuous and intentionally so, so that he was unable to detach himself from criminal activity.
Our client felt compelled to do as he was instructed out of fear that his exploiters would cause him and his family harm. It was his compliance with these instructions that led to him to be arrested for this matter.
It was extremely important for our team to definitively prove that our client’s offending was the result of exploitation. As he had been previously convicted of a similar offence, to be convicted on this occasion would have resulted in a harsher sentence and would significantly impact our client’s future.
Court
Our client’s case was heard at St Albans Youth Court, where Barrister Jessica Peck of 9BR Chambers represented him. Jessica clearly outlined the extensive evidence in our client’s favour, highlighting the tactics used to exploit him, his vulnerability to being exploited and the impact of exploitation on his mental and physical well-being.
The District Judge carefully considered the extensive evidence given both by our client himself and from the experts who had provided reports. In her judgement, the Judge stated that she was satisfied with the statutory defence that we had raised, which adequately highlighted that our client had been criminally exploited. In contrast, the Judge found that the Prosecution had failed to disprove the defence we’d put forwards. As a result, our client was found not guilty of all charges.
Our client and his family were extremely grateful to Lauren and Samantha for all their support and guidance in preparing his case. Considering the impact that a conviction would have had on our client’s future, this case highlights the importance of securing strong advocacy and defence.
Client Testimonial
Brilliant, great job from you and your team. Thank you all so much for everything you have done for us all. We really appreciate it. Thank you again.
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