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SLAVERY • TRAFFICKING • EXPLOITATION • SECTION 45

Modern Slavery & Human Trafficking Defence

Modern-slavery cases require careful distinction between alleged perpetrators and people who may themselves be victims of trafficking or exploitation. The Modern Slavery Act 2015 creates serious offences and also a section 45 defence in defined circumstances.

KEY ANSWER

The position in brief

The Modern Slavery Act 2015 includes section 1 offences of slavery, servitude and forced or compulsory labour, section 2 human trafficking and section 4 preparatory offending.

Separately, section 45 can provide a statutory defence for certain offences committed by victims of slavery or trafficking where the statutory conditions are met. It does not apply to every offence.

Legal issues

The prosecution case should identify the precise alleged exploitation, conduct and role. Travel is relevant to trafficking but trafficking is about arranging or facilitating travel with a view to exploitation.

Where the defendant may be a victim, the section 45 framework, duress, National Referral Mechanism material and prosecutorial non-punishment principles require early consideration.

Evidence that matters

Evidence may include employment and accommodation records, travel, messages, financial transfers, passports/identity documents, surveillance, victim accounts and records of coercion or exploitation.

Reasonable lines of enquiry

Enquiries may include overseas material, employment and payment records, travel documents, communications, evidence of control or coercion and, for potential victim-defendants, trafficking indicators and NRM material.

What happens next

Modern-slavery cases are serious and can involve specialist police units, multiple defendants and international evidence. Sections 1 and 2 carry a maximum life sentence on indictment.

Immediate steps

Preserve employment, travel and financial evidence. If you may have been exploited or compelled, tell your solicitor immediately so the section 45 and victim-identification issues can be considered before charge or plea.

What should you send us?

Send the allegation/charge, travel/employment documents, messages, financial records, police papers, any NRM material and next date.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse the Modern Slavery Act elements, alleged role and exploitation, identify section 45 or duress issues, review financial/travel evidence and prepare Crown Court defence.

Primary legal sources

NEXT STEP

Discuss a modern-slavery or trafficking case

Send the charge, role, exploitation and any victim-status evidence for urgent review.

Discuss a modern-slavery or trafficking case

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can someone accused of another crime rely on being a trafficking victim?

Potentially. Section 45 provides a defence for defined circumstances and offences, but there are statutory exclusions and different tests for adults and children.

Does trafficking always require crossing a border?

No. Human trafficking under the 2015 Act can involve travel within the UK; the statutory focus is arranging or facilitating travel with a view to exploitation.

Can modern-slavery charges be brought with other offences?

Yes. Serious violence, sexual, drugs and other offences may also be charged where the evidence supports them.