V.C.L. and A.N. v United Kingdom · Applications nos. 77587/12 and 74603/12
European Court of Human Rights · 16 February 2021
Two Vietnamese teenagers were found working on cannabis farms in the UK. Both entered guilty pleas. The European Court of Human Rights later examined an issue that should have arisen much earlier. Did the circumstances in which they were found give the authorities credible grounds to suspect trafficking?
Why the timing mattered
Once there was a credible suspicion, the authorities needed a timely assessment by people qualified to recognise trafficking. That assessment could affect the child’s safety, the decision to prosecute and the advice available to the defence. A prosecutor could disagree with the specialist conclusion, but needed clear reasons consistent with the legal definition of trafficking.
The court found breaches of Article 4 and of the fair-trial protection in Article 6. The guilty pleas did not cure the earlier failures. Potential evidence about coercion and exploitation had a bearing on the defence before either child was asked to decide how to plead. The judgment did not establish blanket immunity from prosecution for everyone identified as a trafficking victim.
What a family member or supporter can do
If a child is in immediate danger in the UK, call 999. Where criminal proceedings are already under way, contact the child’s defence solicitor urgently and identify any safeguarding concerns. Give dates and the source of information. Was the child free to leave? Who controlled transport, money or identity documents? Avoid repeatedly questioning the child or publishing an account that could expose their identity. Specialist assessment and confidential legal advice matter most at the earliest stage.
Read the judgment in V.C.L. and A.N. v United Kingdom
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