Drug Dealing Convictions of Undocumented Immigrants Overturned Due to Modern Slavery Legal Advice
The Court of Appeal has ruled that the convictions of a Somalian man were unsafe due to his legal team’s failure to advise him about a modern slavery defense. The man, who is now 24 years old, was imprisoned in 2017 after pleading guilty to possession of heroin and cocaine with intent to supply. He had been arrested as part of a County Lines gang involved in drug dealing. The man, known as “BSG,” claimed that he was a victim of modern slavery at the time of the offenses, but the Crown Prosecution Service disputed his claim. After seeking advice from immigration lawyers regarding his deportation order, BSG discovered that he had grounds for a modern slavery defense. As a result, Lord Justice Holroyde ruled that his convictions were unsafe. This ruling is expected to impact similar cases involving victims of human trafficking or modern slavery who have been convicted of crimes. The Somalian man initially came to the UK as a child seeking asylum with his mother and was later granted leave to remain. He had been involved in drug offenses on multiple occasions and had served time in a young offenders center. After being released on license, he was informed that his protection status was being revoked, and he faced deportation. In 2019, he was referred to the Single Competent Authority for assessment as a potential victim of modern slavery. Although he was arrested again in 2020 for drug-related offenses, no charges have been brought forth yet. In 2021, he pleaded guilty to conspiracy to supply controlled drugs and was convicted. The Court of Appeal noted that BSG’s previous account regarding his refugee status was consistent and credible, and he should have been adequately advised about the modern slavery defense. The court determined that a clear injustice had been done and that a reasonable person in BSG’s situation would have acted similarly. However, under the new Illegal Migration Act, trafficking or modern slavery victims convicted of crimes may face difficulties in remaining in the UK or obtaining support. This has raised concerns among campaigners who believe it undermines protections for trafficking victims and restricts access to the modern slavery defense.
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