In November 2021, the applicant pled guilty to a charge of contravening section 4(3)(b) of the Misuse of Drugs Act 1971. The applicant was sentenced to 50 months’ imprisonment. On appeal, the court quashed the applicant’s sentence and substituted a period of 40 months’ imprisonment.

The Home Office has now concluded that the applicant is a victim of criminal exploitation. The commission has referred the applicant’s conviction to the High Court of Justiciary as it concluded that the applicant pled guilty in circumstances which were clearly prejudicial to him. The commission also considers that the prosecution of the applicant was oppressive. The commission considers that a miscarriage of justice may have occurred in respect of the applicant’s conviction.

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the lord advocate and Crown Office.