AC-2024-LON-001762 - [2025] EWHC 2293 (Admin)

On 12 April 2023, the Metropolitan Police referred the Claimant’s case to the Single Competent Authority (“SCA”) pursuant to the National Referral Mechanism (“NRM”) for potential victims of trafficking and modern slavery. As is apparent, this was after the close of the evidence at his extradition hearing but before closing submissions. The Claimant’s proof of evidence in support of his case that he was a victim of modern slavery, dated 12 July 2023, recounts that he was socially isolated and there were difficulties at home, including the illness of his mother who was also subjected to domestic violence by his father. At the age of 11 or 12 he developed an interest in coding in the context of playing video games and, at the age of 14, he was befriended online and, in effect, groomed into activities associated with the RaidForms website.

On 1 September 2023, the SCA found that there were reasonable grounds to suspect that the Claimant was a victim of modern slavery. As will be apparent, this was after the SSHD had ordered his extradition to the USA.

On 22 April 2024, so after the SSHD’s decision under section 179, the SCA issued a positive conclusive grounds decision under the NRM, finding on the balance of probabilities that the Claimant is a victim of modern slavery. The decision states that “we found the following types of exploitation occurred: Forced Criminality (Online) – United Kingdon and Portugal – approx.. 2014 -31/01/2022.” The decision refers to the definition of modern slavery and exploitation attached in an attached Annex, which defines forced criminality as:

“the exploitation of a person to commit activities that may include….benefit fraud and/or other types of fraud…(or) other similar activities which are subject to penalties and imply financial gain.

As noted in European Directive 011/36/EU, these must be understood as a form of forced labour or services as defined in the 1930 ILO Convention (No. 29) concerning Forced or Compulsory Labour.

Therefore, the exploitation of a person for criminal activity only falls within the scope of the definition of trafficking in human beings when all the elements of forced labour or services occur.”