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Child Criminal Exploitation

This guide will assist criminal practitioners representing children who have been exploited and are charged with offences arising out of that exploitation.

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Child Criminal Exploitation (CCE) Legal guides

Free with member access

Purchase Guide £3

Content Summary

Children involved in the criminal justice system are frequently victims of child criminal exploitation (CCE)—yet they continue to be prosecuted for offences that arise directly from that exploitation.

Child Criminal Exploitation is a comprehensive, practitioner‑focused legal guide designed to help criminal lawyers identify exploitation, protect children’s welfare, and achieve the best possible outcomes for child defendants.

Produced by the Youth Justice Legal Centre in collaboration with leading experts, this guide takes you step by step through a case involving criminally exploited children, from arrest to appeal. It combines detailed legal analysis with clear, practical advice that can be applied immediately in live cases.

What this guide covers

  • Understanding child criminal exploitation
    A clear explanation of what CCE is, how it operates (including within county lines offending), and why exploited children must be treated as victims rather than offenders.
  • Early preparation of the defence
    Practical guidance on identifying exploitation at the outset, gathering evidence, instructing experts, and avoiding re‑traumatisation of child clients.
  • The National Referral Mechanism (NRM)
    Detailed advice on making, supporting and challenging NRM referrals, the significance of reasonable and conclusive grounds decisions, and how those decisions interact with criminal proceedings.
  • Arrest and interview
    Strategic guidance for police station representation, including Achieving Best Evidence interviews, interview under caution options, adverse inference risks and post‑arrest outcomes.
  • Defence representations and prosecution challenges
    How to make effective representations to the police and CPS, apply the CPS four‑stage test, and argue against prosecution on evidential and public interest grounds.
  • Defences, sentencing and appeals
    Clear analysis of the statutory defence under section 45 of the Modern Slavery Act 2015, duress, abuse of process, mitigation at sentence, and appeals based on fresh evidence of exploitation.
  • Protecting a child’s welfare
    Practical safeguarding measures, including bail issues, forum choice, anonymity, severance in multi‑handed cases, and access to specialist support.

Who this guide is for

  • Criminal defence solicitors and barristers
  • Youth court and Crown Court practitioners
  • Lawyers advising at the police station
  • Youth offending teams and professionals working with exploited children

This guide is written for real cases and real children, reflecting current law, CPS guidance and key appellate decisions. It is an essential tool for anyone seeking to prevent the criminalisation of exploited children and to ensure the youth justice system responds lawfully, fairly and humanely.

Buy the full guide now to access the complete resource, including all legal analysis, case law and practical guidance.

All YJLC Legal Guides are Free for Members.

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Purchase access

Legal guides are £3 each - click here to download the PDF.

Purchase Guide £3

Written by Claire Mawer and Rabah Kherbane (Doughty Street Chambers) in collaboration with Katya Moran and Laura Cooper at the Youth Justice Legal Centre. With thanks to Maya Sikand QC (Doughty Street Chambers) and Philippa Southwell (Southwell & Partners).

This guide was produced by the Youth Justice Legal Centre, part of Just for Kids Law, in collaboration with The Children’s Rights Group at Doughty Street Chambers, and funded by Paul Hastings LLP. 

Related

  • Who can refer a potential victim of modern slavery (including child criminal exploitation) under the National Referral Mechanism framework?

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About our Advice

The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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