Concerns raised over prosecution of trafficked British children

The children’s commissioner is raising concerns with the Crown Prosecution Service about young victims of human trafficking being prosecuted rather than protected, following a Guardian investigation.

Anne Longfield said she would be speaking with the CPS about young British victims of human trafficking being charged and prosecuted contrary to guidelines.

The Guardian’s findings came as part of an investigation into teenagers and children who have been forced to sell drugs in so-called county lines operations. The report identified a series of cases where the CPS has continued to take action against British children and young adults despite having a positive decision from the national referral mechanism (NRM).

A referral designates them as a victim of human trafficking, or as strongly suspected of being a victim of human trafficking.

Longfield said that at the moment the CPS does not have the balance right in terms of prosecutions of those exploiting children and organising serious crime, without penalising child victims.

“I am very concerned about reports I’ve received from across the criminal justice system of more children being prosecuted despite an NRM decision to treat them as trafficked children, and yet I still come across cases where there are lots of warning signs but no referral has been made and the child is simply treated as a criminal,” she said.

“Ultimately, the children involved in county lines, even where they’ve committed offences, are often the most vulnerable in society.”

Her office said it had come across examples of action taken against children who have been given positive NRM decisions. It said there were more children in youth prisons because of this, adding that delays on NRM decisions were also making things difficult. Additionally, her office called for more legal proceedings against adults in these cases.

Related: Reports of county lines child exploitation likely to increase, say police

A Guardian investigation found evidence that a teenage boy with a learning disability was prosecuted. He was convicted after being found in possession of drugs, despite the police finding threatening text messages on his mobile phones that showed he was being instructed by someone else.

After he served his sentence, he was referred to the NRM and got a positive decision. The gang had, however, found and re-trafficked the boy. He was arrested again for offences relating to their drug-dealing operation. Despite the positive NRM decision and repeatedly explaining to the police the same gang had forced him to commit the offence, the CPS pursued a prosecution, but he was acquitted.

James Simmonds-Read, of the Children’s Society’s exploitation prevention programme, said the decisions were the result of ignorance and bad judgement.

A CPS spokesperson said: “The exploitation of children for criminal purposes is abhorrent and we take great care to ensure the right people are prosecuted for the right offences.

“The CPS is anxious that modern slavery victims are not unnecessarily criminalised, which is why early identification by investigators is key.”