Last Friday (14 June), a Vietnamese man became the first ever person to be cleared of criminal charges under NI’s landmark Human Trafficking legislation, successfully overturning a previous Home Office ruling.

Hung Van Nguyen, 43, who had been living in County Tyrone, was accused of cultivating and possessing cannabis with intent to supply.

Home Office officials had said Mr Van Nguyen was not a victim of human trafficking and so he was put on trial.

But his defence team made use of NI’s Human Trafficking Act by raising the statutory defence, which provides a defence for victims over certain offences. They argued he had only committed the offences in question because he was a human trafficking victim.

In a historic and welcome outcome, the jury unanimously found that Mr Van Nguyen was in fact a human trafficking victim, contrary to the views of the Home Office. The jury therefore found him not guilty and in recognition of this case’s significance, the judge even publicly said he agreed with the jury’s decision.

Mark Baillie, CARE Northern Ireland Public Policy Officer responded:

“This outcome is a clear example of Northern Ireland’s landmark human trafficking legislation working effectively and in a way that puts the victim’s interests first.

“We welcome the first successful use in court of the statutory defence for victims of trafficking in this case.

“No-one should face criminal convictions for crimes they were made to commit under the intense pressure of being held captive in modern slavery.

“We wholeheartedly supported the introduction of the defence when the Human Trafficking and Exploitation Act was going through the Assembly because we believed it was a necessary measure to protect victims of trafficking from conviction for criminal offences they were forced to commit.

“Victims of trafficking are some of the most vulnerable individuals who ever find themselves in our society and this defence gives them a vital shield in cases where they have been prosecuted.

“We are pleased that in this case Mr Van Nguyen was able to rely on it.”

ENDS

Notes to editors:

For interview requests or more information please contact James Mildred: james.mildred@care.org.uk // 07717516814

CARE is a well-established mainstream Christian charity providing resources and helping to bring Christian insight and experience to matters of public policy and practical caring initiatives. CARE is represented in the UK Parliaments and Assemblies.

Read more about the story here: https://www.bbc.co.uk/news/uk-northern-ireland-48640758

CARE in Northern Ireland supported the Human Trafficking Act when it was passing through the Northern Ireland Assembly. We acted as key advisors to Lord Morrow during the process.

The statutory defence, which is set out in section 22 of the Human Trafficking and Exploitation Act 2015, allows victims of trafficking who are being prosecuted for committing certain criminal offences to be found not guilty of an offence if they are compelled to commit the offence as a result of being trafficked.

The Human Trafficking and Exploitation Act passed the Assembly in December 2014: https://www.care.org.uk/public-affairs-news/ground-breaking-anti-slavery-bill-passed-in-northern-ireland

It received Royal Assent in January 2015: https://www.care.org.uk/public-affairs-news/lord-morrow-bill-just-the-beginning