Two convictions quashed after trafficking was overlooked

Two convictions involving young trafficking victims have been quashed after the Criminal Cases Review Commission referred them to the appeal courts.

The cases, announced by the CCRC on 23 October 2026, illustrate the potentially serious consequences when trafficking, exploitation or a defendant’s true age is not identified before a plea is entered.

What happened in the two cases

The applicants are anonymised because they are trafficking victims.

The first, referred to as Mr IB, entered the UK when he was 14. After leaving foster care, he was taken to a car wash and introduced to people for whom he agreed to drive a vehicle. He was convicted in 2018 of driving without a licence. A later National Referral Mechanism decision found reasonable grounds to believe that he was a victim of modern slavery and trafficking. His appeal was allowed in June 2026.

The second, Mr HU, was 15 when arrested, although his age appears to have been doubted at the time. He pleaded guilty in 2009 to producing cannabis and received 20 months’ detention. He was later assessed as having reasonable grounds to be regarded as a trafficking victim. The Court of Appeal quashed his conviction on 22 October 2026, finding that the CPS probably would not have prosecuted him had his true age been known.

In both cases, trafficking or modern slavery had not been raised when the defendants pleaded guilty.

Why the decisions matter

The CCRC reviews alleged miscarriages of justice and may refer a conviction where there is a real possibility that the appeal court would not uphold it. The appeal court—not the CCRC—then decides whether the conviction is unsafe.

These outcomes demonstrate that a guilty plea does not necessarily end the matter where a defendant’s status as a possible trafficking victim was not properly identified or investigated. Such appeals remain legally demanding and depend closely on the individual evidence and the law applicable when the offence occurred.

The Modern Slavery Act 2015 came into force on 31 July 2015 and does not apply retrospectively to earlier offences. For current cases, section 45 provides statutory defences for victims of slavery or exploitation, subject to its conditions and the exclusions for specified serious offences. The test differs for adults and children: a child need not prove compulsion, but must satisfy the statutory conditions, including the required connection between the exploitation and the offending.

A National Referral Mechanism decision is important but does not automatically determine a criminal case. Prosecutors must assess the evidence independently, consider any defence and decide whether prosecution remains in the public interest.

Practical implications for defendants

Possible indicators of exploitation should be investigated at the earliest stage. They may include a young or vulnerable person being recruited to cultivate or supply drugs, transport property, carry weapons or commit acquisitive offences; control through threats, debt or accommodation; uncertainty about age; and rehearsed or inconsistent accounts that may reflect fear or trauma.

Where trafficking may be relevant, the defence should consider:

• obtaining a full account of recruitment, control and exploitation;

• asking whether an appropriate National Referral Mechanism referral has been made;

• preserving social-services, immigration, education and medical records;

• considering section 45, duress and representations that prosecution is not in the public interest;

• seeking time for trafficking status to be investigated before plea; and

• reviewing disclosure, including relevant third-party and NRM material.

The CPS’s own guidance says prosecutors must be alert to trafficking indicators even where the suspect has not disclosed exploitation. For children, consent is not required for an NRM referral. See also the CPS guidance on children as suspects and defendants.

Anyone who believes a past conviction arose directly from trafficking or modern slavery should obtain specialist advice. The correct route may involve an ordinary appeal, an application for an extension of time, or an application to the CCRC, depending on the procedural history.

Find out about our support for youth defendants, drugs defence services, private criminal defence and Legal Aid, or contact Peter Bonner & Co for advice.

Published: 26 October 2026
Author: Peter Bonner & Co Criminal Defence Team
Reviewed and approved for publication: Chris Carter, Principal Solicitor

General information only: This article is not legal advice. Modern-slavery defences and criminal appeals depend on the facts, the date of the alleged offence and the procedural history. Anyone affected should obtain advice about their own case.