John Hurlock, instructed by David Nicholson of Dobsons Solicitors, represented K, a young man charged alongside others with conspiracy to supply Class A drugs. K was 16 years old at the time of the alleged offending.
Criminal exploitation
K was a looked-after child who had been criminally exploited. The defence case was that his involvement arose directly from that exploitation, including a debt he was forced to work off by dealing drugs.
The defence representations
The defence relied on section 45 of the Modern Slavery Act 2015, supported by expert evidence, the local authority’s safeguarding assessments and the police’s own investigation. Under the National Referral Mechanism, the Single Competent Authority made both Reasonable Grounds and Conclusive Grounds decisions that K was a victim of modern slavery, through forced criminality.
The defence challenged the decision to prosecute, arguing that the Crown had no proper basis for departing from the findings of every specialist agency and expert involved.
Outcome
Following those representations, the prosecution offered no evidence, and a not-guilty verdict was entered.
The case highlights the importance of rigorous scrutiny of the decision to prosecute children who have been identified as victims of trafficking and exploitation.
“Once again, defence counsel John Hurlock maintains the ability to scrutinise and revisit the evidential basis upon which the Crown’s decision to prosecute was predicated in this case. Counsel’s relentless pursuit of another acquittal in a multiple-defendant drugs supply case and his attention to detail are to be commended.”