Lydia Stephens examines the ‘county lines’ defence in cases of Modern Slavery, the exploitation of vulnerable people and the ways in which victims are recognised and treated by courts.
County lines offences, or county lines activity, refers to the illegal exporting and importing of drugs into the UK, usually involving the work of gangs and other criminal networks.[1] These groups tend to ‘recruit’ or coerce others into assisting with the ‘running’ or trafficking of drugs. Though this type of crime has historically been an issue in cities, in recent years county lines activity has increased in remote, rural, and coastal locations with the low levels of policing in these areas making operations easier.[2]
County lines activity, though largely drug-based, is associated with various other forms of crime and illegal activity. For reasons that are self-evident, alongside the supply of drugs, county lines activity also breeds issues concerning gang related activity, trafficking, and serious violence. As such, county lines activity naturally engages multiple statutory regimes. Some of the most notable include: the Policing and Crime Act 2009, the Serious Crime Act 2015, the Misuse of Drugs Act 1971, the Prevention of Crime Act 1953, the Criminal Justice Act 1988 and most importantly the Modern Slavery act 2015.[3]
In the last five years the National Crime Agency estimated there are approximately 720 ‘county lines’ in England and Wales.[4] While the aforementioned laws have developed a realistic understanding of the various crimes associated with county lines activity, it is also essential that the law develops a realistic understanding of the criminal practices that entrap victims within county lines activity. Further, in response to this, the law must push for pragmatic responses to assist such victims of modern slavery who, as offenders, have become involved in county lines activity.
Increased understanding of victimhood
What makes county lines activity so insidious is the involvement and exploitation of vulnerable individuals. County lines activity is underpinned by the manipulation of young and vulnerable members of society. Within the hierarchical supply chain, at the lower end are children, young people and vulnerable adults with mental health or addiction issues who often work as ‘runners’ [5] or may have homes co-opted as part of the operation. Once within this cycle of victimhood, these individuals may struggle to disassociate themselves from such activity.
In regard to the increased understanding of victimhood, the highly published case of R v Glodi Wabelua, Dean Alford, Michael Karemera [2020] provides a useful case study.[6] This case concerned the grooming and trafficking of six victims as part of a county lines operation in London and Portsmouth.[7] This case exemplifies how county lines activity is inextricably linked to modern slavery and, arguably, it would be almost impossible for county lines drug activity to be carried out without the simultaneous commission of a human trafficking offence. The judgment indicated that the offenders in question “had been engaged in supplying class A drugs for profit and had relied on human trafficking to do so. One of the grounds on which they had chosen the victims of the trafficking offences was the vulnerability of those persons.”[8]
This case, amongst others, has drawn attention to practices, common in county lines activity, which, if identified can assist, prior to prosecution, in the successful identification of victims. These practices include coercion, cuckooing and common associated crime.
Coercion is a relatively well-known aspect of county lines activity and can take multiple different forms. Well-documented examples involve the use or threat of violence, sexual exploitation, and physical or mental abuse however, coercion may also take the form of cuckooing. This is the practice whereby a dealer will co-opt the home of a vulnerable individual from which they run various illegal operations.[9]
Regarding common associated crimes, Philippa Southwell, head of the human trafficking and modern slavery department at Birds Solicitors [10] has indicated the importance of identifying victims of county lines at the arresting stage even where the arresting offence does not seem to relate directly to county lines activity. For instance, though not necessarily linked to country lines drug activity, offences such as, theft, possession of fraudulent ID documents, and illegal charity bag collections may, at first, seem unrelated but can be indicative of a persons’ victimhood.[11] Southwell also notes, upon arrest for crimes such as these, a victim may not disclose their involvement in trafficking but the possibility should not be overlooked.[12] As such, early arrests for these crimes should be viewed as part of a potential ‘bigger picture’ when prosecution is being considered.
More recently, in 2021, as crackdowns on county lines activity increase, [13] there has been a push for a continuation of this more holistic approach to county lines activity which has been reflected in practical application of the law. Where an offender is also a victim, safeguards have developed to prevent unjust prosecutions that are not within the public interest.[14]
Practical developments in the law
Notable amongst these developments are the ‘section 45 county lines defence’ of the Modern Slavery Act 2015 and the implementation of a specified investigatory procedure for crimes of this nature.
The relatively recent Modern Slavery Act has proved vital for two reasons. Firstly, this Act recognises that it is almost inconceivable to imagine a drug supply chain without the involvement and exploitation of vulnerable individuals. Secondly, the Act provides in section 45 a statutory defence for such individuals who are considered victims. The defence is as follows, “(1) A person is not guilty of an offence if— (a) the person is aged 18 or over when the person does the act which constitutes the offence, (b) the person does that act because the person is compelled to do it, (c) the compulsion is attributable to slavery or to relevant exploitation, and (d) a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act.”[15] The defence should not be underestimated as, if successfully raised, it can be one of the biggest protectors of victims who, under duress or coercion, have committed a county lines offence.
In addition to this, an investigatory approach has developed whereby police and prosecutors are under a duty to conduct investigations, where necessary, if an offender is suspected of also being a victim. Where county lines activity is suspected, police investigations should consider whether the activity “involves violence, exploitation of vulnerable people, and organised crime,” and whether if, as well as drug offences, there was also a commission of modern slavery offences.[16] Such investigations are passed onto the National Referral Mechanism (NRM), the process by which potential victims of human trafficking and modern slavery are identified and supported ahead of a decision being made as to whether they are victims. If the potential victim is over 18 and does not wish to engage with NRM support, a ‘Duty to Notify’ takes place.[17] In instances where prosecution is being considered, if it is suspected that the case concerns a person who is a victim of modern slavery a four-stage process begins whereby, having been referred to the NRM and having had a decision reached, evidence of duress and the presence of a section 45 defence (above) should be considered.[18] Finally, this investigation should inform the final decision of whether the continued prosecution is appropriate.[19]
As recent crackdowns seek to control the spread of county lines across England, procedure must not overshadow the individuals affected. It is well-documented that drug related crimes are rarely victimless and, as such, victims of county lines activity, though legally offenders, should be legally recognised and protected as victims too.
[1] National Crime Agency, ‘County Lines’ (National Crime Agency, NA) <https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/drug-trafficking/county-lines> accessed 9 June 2021
[2] Angelina Nicolaou, ‘The Relevance Of The Modern Slavery Act 2015 For ‘County Lines’ Criminal Drug Cases’ (One Pump Court, 11 January 2018) <https://onepumpcourt.co.uk/news/the-relevance-of-the-modern-slavery-act-2015-for-county-lines-criminal-drugs-cases/> accessed 10 June 2021
[3] Crown Prosecution Service, Drug Offences: ‘County Lines Typology’ (CPS, 1 April 2021) <https://www.cps.gov.uk/legal-guidance/drug-offences> accessed 9 June 2021
[4] Angelina Nicolaou, ‘The Relevance Of The Modern Slavery Act 2015 For ‘County Lines’ Criminal Drug Cases’ (One Pump Court, 11 January 2018) <https://onepumpcourt.co.uk/news/the-relevance-of-the-modern-slavery-act-2015-for-county-lines-criminal-drugs-cases/> accessed 10 June 2021
[5] National Crime Agency, ‘County Lines’ (National Crime Agency, NA) <https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/drug-trafficking/county-lines> accessed 9 June 2021
[6] Regina v Glodi Wabelua, Dean Alford, Michael Karemera [2020] EWCA Crim 783, 2020 WL 05597577 <https://www.redlionchambers.co.uk/wp-content/uploads/2020/09/R-v-Wabelua-Glodi.pdf> accessed 10 June 2021
[7] Jamie Grierson, ‘Three convicted of trafficking in landmark ‘county lines’ case’ (The Guardian, 17 April 2019) <https://www.theguardian.com/law/2019/apr/17/three-convicted-of-trafficking-in-landmark-county-lines-case> accessed 10 June 2021
[8] Regina v Glodi Wabelua, Dean Alford, Michael Karemera [2020] EWCA Crim 783, 2020 WL 05597577 <https://www.redlionchambers.co.uk/wp-content/uploads/2020/09/R-v-Wabelua-Glodi.pdf > accessed 10 June 2021
[9] National Crime Agency, ‘County Lines’ (National Crime Agency, NA) <https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/drug-trafficking/county-lines> accessed 9 June 2021
[10] Bird Solicitors, ‘Philippa Southwell’ (Bird Solicitors, NA) <https://birds.eu.com/team/philippasouthwell/> accessed 9 June 2021
[11] Philippa Southwell, ‘Defending victims of human trafficking’ (The Law Society, 29 October 2015) <https://www.lawsociety.org.uk/topics/blogs/defending-victims-of-human-trafficking> accessed 10 June 2021
[12] Philippa Southwell, ‘Defending victims of human trafficking’ (The Law Society, 29 October 2015) <https://www.lawsociety.org.uk/topics/blogs/defending-victims-of-human-trafficking> accessed 10 June 2021
[13] Vikram Dodd, ‘Met police hails success in county lines drugs crackdown’ (The Guardian, 24 February 2021) <https://www.legislation.gov.uk/ukpga/2015/30/section/45/enacted> accessed 9 June 2021
[14] Crown Prosecution Service, Drug Offences: ‘County Lines Typology’ (CPS, 1 April 2021) <https://www.cps.gov.uk/legal-guidance/drug-offences> accessed 9 June 2021
[15] The Modern Slavery Act 2015, s 45
[16] Crown Prosecution Service, Drug Offences: ‘County Lines Typology’ (CPS, 1 April 2021) <https://www.cps.gov.uk/legal-guidance/drug-offences> accessed 9 June 2021
[17] Crown Prosecution Service, Drug Offences: ‘County Lines Typology’ (CPS, 1 April 2021) <https://www.cps.gov.uk/legal-guidance/drug-offences> accessed 9 June 2021
[18] Crown Prosecution Service, ‘Human Trafficking, Smuggling and Slavery’ (CPS, 30 April 2021) <https://www.cps.gov.uk/legal-guidance/human-trafficking-smuggling-and-slavery> accessed 10 June 2021
[19] Crown Prosecution Service, ‘Human Trafficking, Smuggling and Slavery’ (CPS, 30 April 2021) <https://www.cps.gov.uk/legal-guidance/human-trafficking-smuggling-and-slavery> accessed 10 June 2021
Image credit: Mike Langridge © 2008 mike langridge http://www.fotdmike.me.uk CC BY-NC-ND 2.0 UK
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