We represented a 15 year old child of previous good character who had been charged with offences of possession of class A drugs and possession of a bladed article in a public place. Our client was found to be in possession of a significant quantity of class A drugs and a large knife after they were stopped and searched by the police.
Referral to the National Referral Mechanism
Given the circumstances of arrest, we were concerned that our client was a victim of child criminal exploitation. We requested that the Youth Justice Service refer our client to the National Referral Mechanism. Shortly after the referral, we received a positive reasonable grounds decision.
We successfully applied for a certificate for assigned advocate. This meant that our client had the benefit of both a specialist solicitor and specialist advocate; the same protections that would be afforded to an adult defendant in the Crown Court.
Positive conclusive grounds and CPS representations
We received a positive conclusive grounds decision from the Competent Authority and served lengthy written representations to the Crown Prosecution Service (''CPS''). We argued that in accordance with their own guidance, the CPS should discontinue the case against our client. After considering our representations, the CPS discontinued the possession of class A drugs offence. However, they refused to discontinue the possession of a bladed article in a public place offence. They accepted that our client was an exploited child. However, they argued that there was no nexus between the exploitation and possession of the knife. They also submitted that there was an ‘overwhelming’ public interest in prosecuting our client for this offence.
Trial and acquittal
The matter proceeded to trial. Guided by a specialist, trauma informed advocate, our client was able to give detailed evidence in their own defence. We subsequently made submissions that there was a clear nexus between our client’s exploitation and the alleged offence. We also argued that the CPS had failed to prove that the statutory defence under s.45 of the Modern Slavery Act 2015 did not apply. After considering our client’s evidence and the submissions made on our client’s behalf, our client was found not guilty.
Our client was represented by Sabrina Neves, a solicitor in our specialist Youth Team, and at Trial by Mel Stooks, Partner and Head of the Youth Team.
