Trafficking victim's driving convictions examined

The case of Mr IB, a victim of human trafficking, has raised significant questions regarding the intersection of legal processes and the protections afforded to vulnerable individuals. In late 2017, Mr IB, who left Albania at the age of 14, sought asylum in England and was subsequently placed in foster care. After being introduced to a group of Albanian men in Birmingham, he became embroiled in a situation that led to driving convictions that he was not advised could be defended under the Modern Slavery Act.

In May 2021, Mr IB was stopped by police while driving a vehicle with no licence or insurance. Following a search that revealed drugs, he was arrested. “Although Social Services were in possession of evidence that Mr IB was at risk of criminal exploitation, no check was carried out of the systems that would have revealed that this was an issue to be considered.” This lack of oversight has led to questions about the legal representation he received, as his solicitor did not raise the possibility of modern slavery as a defence.

Despite pleading guilty to the driving offences and facing penalties such as a fine and disqualification, Mr IB maintained that he had not been made aware of his legal rights under the Modern Slavery Act. As a result, he applied to the Criminal Cases Review Commission (CCRC) in November 2023 for a review of his case. Following a detailed examination, the CCRC found a significant possibility that a defence under Section 45 of the Modern Slavery Act would succeed if the case were reheard in Crown Court.

In August 2022, the National Referral Mechanism reopened Mr IB’s trafficking file, acknowledging him as a victim of modern slavery. The CCRC’s findings highlight a potentially critical failure in understanding how individuals like Mr IB can fall through the cracks of the system, especially when it comes to legal defence in criminal cases. The situation raises essential discussions about the responsibility of legal authorities and the measures in place to protect victims of trafficking from unjust convictions.

The implications of this case extend far beyond Mr IB’s personal situation and underscore the importance of properly identifying and addressing the vulnerabilities of trafficking victims within the justice system. As the Crown Court prepares to reassess these driving convictions, the outcome could set an essential precedent for similar cases in the future.