R (On the Application Of) AB v Uxbridge Youth Court [2023] EWHC 2951 (Admin)
Summary
This case concerned a claim for judicial review following a decision to proceed with the prosecution of a child victim of trafficking. The claim was withdrawn after the DPP conceded that the four-stage test has been applied incorrectly.
Details
AB had been charged with offences of robbery and battery. At the time of the alleged offences, AB was only 14 years old. AB was referred to the National Referral Mechanism and a positive conclusive grounds decision was later reached.
Following receipt of the positive conclusive grounds decision, the case was reviewed by the Crown Prosecution Service and it was determined that the prosecution would proceed. An application was made to stay the proceedings as an abuse of process, however, the application was refused on the basis that the relevant guidance had been followed and the public interest had been considered. AB issued a claim for Judicial Review.
Following the issue of the claim it was established that the Crown had incorrectly applied the four-stage test, applying the public interest test as it applied to adults rather than children. The DPP conceded that this was an error in approach and agreed that the matter would be reviewed once more with the correct test applied. The claim was subsequently withdrawn.
Commentary
This case reiterates that even when an offence is excluded under schedule 4 of the Modern Slavery Act 2015, and a child does not have the statutory defence under s.45 available to them, the Crown Prosecution Service are still required to apply the four-stage test and consider whether it in the public interest to proceed with the prosecution.
Defence representations are crucial in securing positive outcomes for victims of trafficking and this case highlights the importance of referring the Crown Prosecution Service to the correct test. Where the Crown Prosecution Service provide inadequate reasons for proceeding with a prosecution, full written reasons should be requested so that consideration can be given to challenging such a decision, either by way of an application to stay the proceedings as an abuse of process of judicial review.
For guidance on representing children and young people who are victims of trafficking, please see the YJLC Guide on Child Criminal Exploitation.
Written by
Sabrina Neves, solicitor at GT Stewart Solicitors