Summary
Our youth client was arrested and charged with multiple counts relating to the possession of class A and class B drugs with an intent to supply. A defence of modern slavery was quickly raised by our team, as it was clear that our client’s offending behaviour was the result of him being criminally exploited. Thanks to our team’s expertise, our client was found not guilty of all charges.
Details of the Case
At the time of his arrest our client was 17, where Police found large amounts of class A drugs in our client’s room. During his Police interview, our client gave a prepared statement saying that he had been criminally exploited, that he had been threatened and abused as part of this exploitation and that a National Referral Mechanism (NRM) application had previously been submitted on this basis.
The Prosecution’s case was that our client was the primary dealer for a drugs line responsible for supplying class A drugs. On this basis, our client was later charged with three counts of possession with intent to supply class A drugs, three counts of concerned in the supply of class A drugs, possession of class B drugs and one charge of possession of criminal property.
Given the number and severity of the charges our client was facing, he was at risk of a significant penalty if convicted. These convictions would follow him into adulthood and have a significant impact on his future. Where possible, our team wanted to ensure that this was prevented.
Our Defence
Solicitor Kajel Doshi and Trainee Solicitor Lauren Gilbert both assisted on our client’s case, providing him with advice and support throughout the court proceedings. Kajel and Lauren made sure to build a foundation of trust with our client to ensure that they could provide the best possible defence. Our client was very reluctant to open up about his experiences due to previous interactions with the Police where limited action had been taken to protect him.
Our client stated that the exploitation began when he was 15, where he was coerced into holding or dropping items to certain locations, typically either phones or drugs. On several occasions, our client attempted to stop all contact with his exploiters, however he was repeatedly threatened and told that he was indebted to them. Our client was in fact physically assaulted on several occasions, but he never reported anything to the Police for fear of the consequences.
As part of our trial preparation, we instructed two experts to assess whether our client’s behaviour and experiences aligned with someone who had been criminally exploited. The experts’ findings confirmed that our client had been subject to multiple forms of exploitation and that he displayed the relevant characteristics of someone more susceptible to exploitation.
National Referral Mechanism
An NRM was made on our client’s behalf to determine whether our client’s offending was a result of being criminally exploited. The NRM not only concluded that multiple agencies were aware of the risk of exploitation to our client but also returned positive conclusive grounds to assert that our client was a victim of modern slavery and had been criminally exploited.
Following the NRM decision and the reports from our experts, Lauren wrote a strong letter of representations to the Prosecution asking for our client’s matter to be reviewed. Lauren drew attention to the fact that it was no longer in the public interest to the prosecute and that the psychologist found that our client was suffering from trauma, anxiety and depression as the result of being exploited. Despite this, the case proceeded to trial.
At Court
Barrister Jessica Peck of 9BR Chambers represented our client at Luton Youth Court, where Lauren also attended to provide support.
On the day of trial, the Prosecution attempted to introduce new phone evidence relating to a phone which wasn’t seized during the investigation. In response to this, Jessica successfully applied to exclude text messages from evidence on the basis that this would unfairly prejudice our client’s case.
This issue concerning the Prosecution’s evidence presented the significant holes in their case Despite the NRM results and expert reports, they argued that there was not enough evidence to suggest that our client was acting as a direct consequence of exploitation.
In contrast, our client’s account remained consistent with previous statements and aligned with experiences indicative of criminal exploitation. The judge ultimately concluded that our team had sufficiently proven that our client’s offending behaviour was the direct consequence of being criminally exploited and found him not guilty of all charges.
Our client was extremely grateful to Lauren, Kajel and Jessica for all their support and their help in securing such a fantastic outcome. Without our team’s diligence and expertise in defending youth matters, our client may have faced penalties that would follow him for life.
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We understand how serious it is when a child is facing a criminal charge and the effect this can have on their future. At Lawtons, we have an experienced team of youth specialists who are experienced in defending children on criminal matters. If a child has been arrested, reach out to us today and let us help guide you through the process. Call us on 0333 577 0522 or visit our enquiries page.
