Stay for abuse of process against a child victim of modern slavery

Louise successfully argued that the prosecution’s decision to prosecute her client, who was a child forced to work in a drug den, was an abuse of process. The judge at Kingston CC found in her favour, ruling that the reviewing lawyer’s decision-making process was so flawed that it “brought the legal system in disrepute”. 

Louise’s client was found together with two others when the police invaded a trap house full of drugs and weapons. He was only 17 years old at the time. For months, he was too afraid to speak. He eventually opened up and raised that he was forced to work there as a victim of modern slavery, which was confirmed by the SCA.

The Crown had been directed to review whether they would continue the prosecution against him in light of this new evidence. The reviewing lawyer confirmed that they did but provided a decision riddled with errors. They were applying the wrong legal test, failed to consider important documents, got several facts wrong, clearly copy-pasted from other review decisions, and failed to take into consideration elements of their own guidance. 

Louise highlighted how this decision failed all the tests of rationality, legality, and procedural fairness. The judge agreed that there had been “a wholesale failure” to apply the Crown’s own modern slavery guidance, and that prosecuting minors on such short work offended his own sense of justice. The Crown has indicated that they are not appealing the ruling. 

Louise Willocx was instructed by Russell Nicholson from Lawrence & Co Solicitors.