Successful Modern Slavery Act defence in Conspiracy to Supply Class A Drugs
Sam Healey represented a client and secures his acquittal on the first day of trial. It was alleged by the prosecution that a group of nine individuals, including our client, were running a large-scale and sophisticated Heroin and Crack Cocaine supply operation in the Merseyside and Greater Manchester area. It was suggested that our client was involved in the supply of drugs although took his instructions from those above him in the operation.
The role suggested by the prosecution was accepted, although it was argued that this was a case of forced criminality. Accordingly, following careful preparation and a referral via the National Referral Mechanism and review by the Single Competent Authority (‘SCA’), a positive grounds decision was reached confirming that the client had been a victim of Modern Slavery. However, whilst the SCA decision was successful, it is not held to be conclusive in criminal proceedings although can provide significant supporting evidence to the defence case. The prosecution was invited to discontinue the proceedings prior to trial but they refused to do so.
By the time the case reached trial, seven of the defendants had entered guilty pleas and only our client and one further individual was left to face trial. Further issues were identified and exposed in relation to the prosecution case against our client, in addition to arguments regarding their drug expert. Following legal argument and then an application by the prosecution for further time to obtain new evidence, we highlighted to the Court the strength of the defence case which included the SCA’s conclusive grounds that our client had been a victim of Modern Slavery. Accordingly, the Court refused the applications by the prosecution and later a formal not guilty verdict was entered on the Court record.
Sam Healey worked with Andrew Gilligan and instructed Ged Doran and Henry Blackshaw at Lincoln House Chambers.
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