High Court Cannabis Case Dropped After Trafficking Decision

High Court Cannabis Farm Case Dropped After Client Recognised as Human Trafficking Victim

An Albanian client facing a substantial cannabis-production prosecution avoided an anticipated prison sentence and deportation after Kinloch Lawyers successfully challenged a trafficking decision and persuaded Crown Office to drop the High Court case.

High Court Cannabis Production Charges Near Hawick

Kinloch Lawyers represented an Albanian man in proceedings at the High Court of Justiciary in Glasgow. He was one of two clients cited from Sunderland on an indictment brought at the instance of His Majesty's Advocate concerning a substantial cannabis production site at the New Mills on Teviot development, close to the A7 near Hawick in the Scottish Borders.

The Crown alleged that the relevant conduct took place during June and July 2022. A further named person was also cited from the same Sunderland address. The clients' precise address is not reproduced because it is unnecessary to explain the legal issues arising in the case.

An indictment contains allegations which the Crown must establish according to the applicable criminal standard. It is not, by itself, proof that an accused person committed an offence.

Client Said He Was Kidnapped and Forced to Work in a Cannabis Farm

Our client had entered the country by air using a false passport. He explained that, after arriving, he was effectively kidnapped by other Albanian men and compelled to work at the cannabis farm in the Scottish Borders. His account raised a central issue that went beyond the physical evidence found at the site: whether he had been exploited as a victim of modern human trafficking rather than acting there of his own free will.

People exploited in cannabis farms may be isolated, controlled, threatened and made to carry out criminal activity for the benefit of others. Identifying those circumstances early can be critical, particularly where the prosecution evidence might otherwise present the person found at the premises simply as a participant in production.

National Referral Mechanism Application for a Trafficking Victim

Kinloch Lawyers submitted the client's case to the National Referral Mechanism, the United Kingdom framework used to identify and support potential victims of modern slavery and human trafficking. The initial decision did not accept that he was a trafficking victim.

We did not treat that refusal as the end of the matter. The firm instructed a professor from the University of Liverpool to provide specialist assistance, challenged the initial decision and lodged an appeal in England. That challenge succeeded. The resulting decision recognised the client as a victim of modern human trafficking.

Cannabis Production Charge Under the Misuse of Drugs Act 1971

The first charge alleged that the clients produced cannabis, a Class B controlled drug, at the Scottish Borders development site. The indictment specified section 4(1) and section 4(2)(a) of the Misuse of Drugs Act 1971. Section 4 restricts the production and supply of controlled drugs and makes unauthorised production an offence.

In a cannabis cultivation prosecution, the factual and legal issues may include what activity took place at the premises, who knew about it, who exercised control over the site or equipment, and whether the evidence proves that each accused participated in production. The existence of plants or cultivation equipment at an address does not remove the Crown's obligation to prove the case against each individual accused.

Electricity Meter Interference Allegation at the Development Site

The second charge concerned the electricity supply to the premises. The Crown alleged that, during the same period, a separate connection had been established so that electricity could be supplied without passing through the meter and without the meter duly registering the quantity used. The indictment cited section 31 and paragraph 11(1) of Schedule 7 to the Electricity Act 1989.

Schedule 7 addresses the use of electricity meters and interference with them. Allegations of a bypassed connection are often treated as significant in cannabis-production cases because indoor cultivation can involve lighting, ventilation and other equipment with substantial power demands. Even so, the meter allegation remains a separate charge with its own facts and legal requirements.

Defending a Trafficking Victim in a High Court Drug Prosecution

A multi-accused prosecution requires careful attention to the evidence said to connect each person to the premises and to each alleged offence. Where exploitation is raised, a criminal defence solicitor must also investigate whether apparent participation was the result of trafficking, coercion or control. Relevant work may include examining:

• the terms, dates and location specified in the indictment;

• evidence of occupation, access to or control of the development site;

• forensic, fingerprint, DNA, telephone or digital evidence attributed to each accused;

• observations, surveillance, statements and productions relied upon by the Crown;

• electrical evidence concerning the meter, wiring and alleged bypass; and

• whether the evidence is capable of proving knowledge and individual participation beyond reasonable doubt.

• the client's journey into the United Kingdom, recruitment and movements after arrival; and

• expert evidence and material supporting referral to the National Referral Mechanism.

Where clients live outside Scotland, practical issues can also arise around instructions, court attendance and preparation. Early engagement with Scottish criminal defence solicitors helps ensure that deadlines are met and the Crown evidence is tested properly.

Kinloch Lawyers' High Court Criminal Defence Representation

Kinloch Lawyers acted for the Albanian client in the High Court proceedings in Glasgow. The case called for close analysis of two linked but distinct allegations: production of a controlled drug and deliberate interference with the metered electricity supply. Just as importantly, it required the defence team to investigate and substantiate the client's account of trafficking.

The successful NRM challenge changed the position materially. Kinloch Lawyers approached the Lord Advocate through Crown Office and presented the significance of the decision that our client was a victim of modern human trafficking.

High Court Cannabis Case Dropped by the Crown

Following those representations, the Crown dropped the High Court case against our client. He therefore did not face trial or sentence on the cannabis-production and electricity-meter charges.

The scale of the cannabis farm meant that, if convicted, the client was expected to face a custodial sentence in the region of five years, followed by deportation. Instead, the recognition of his trafficking status and the representations made on his behalf brought the prosecution to an end.

CASE RESULT: After a successful challenge to the initial National Referral Mechanism decision, the client was recognised as a victim of modern human trafficking. Kinloch Lawyers approached Crown Office and the High Court prosecution against him was dropped.

For the client, the result was life-changing. To say that he was delighted would be an understatement.

Modern Slavery and Cannabis Farm Defence Solicitors in Scotland

Cannabis production and electricity meter interference allegations can lead to solemn proceedings and lengthy imprisonment. Where a person says they were trafficked or forced to work, the defence must investigate that account promptly and consider whether a referral to the National Referral Mechanism is appropriate.

Kinloch Lawyers represents clients in Glasgow and throughout Scotland in serious drugs cases, cannabis cultivation prosecutions, modern-slavery cases and High Court proceedings. If you have been arrested, served with an indictment or believe you were forced into criminal activity, contact the firm as early as possible to discuss representation.

Contact Kinloch Lawyers

• Telephone: 0141 336 3000 (calls between 9am and 5pm)

• Email: info@kinlochlawyers.co.uk

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