Source · Select Committees · Home Affairs Committee
Recommendation 53
53
Deferred
Paragraph: 166
Human trafficking victims still prosecuted due to insufficient understanding of statutory defence
Conclusion
Victims of human trafficking are continuing to be prosecuted for criminal acts they were compelled to commit. The evidence suggests that this is mainly due to an insufficient understanding amongst investigators, prosecutors, judges, and defence lawyers of the statutory defence available to such victims, and when or how that defence should be applied.
Government response summary AI-generated
The government's response distinguishes between people smuggling and human trafficking, explaining that human trafficking involves exploitation by force, fraud, or intimidation and includes internal travel, without addressing the concern about victims being prosecuted due to a lack of understanding of statutory defence.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
166
Government Response
Deferred
HM Government · verbatim extract
Deferred
62. The Government fully agrees that victims of modern slavery should not be prosecuted for crimes they were compelled to commit as a direct consequence of their exploitation. That is why Section 45 of the Modern Slavery Act 2015 provides a statutory defence for victims of modern slavery. The Home Office has revised the Modern Slavery Statutory Guidance for competent authorities (October 2023) to make clear that a criminal investigation, charge or prosecution should not be pursued where there are reasonable grounds to believe the Section 45 defence may apply. This updated guidance also makes clear that victims should be able to rely on a Section 45 defence at any point during criminal proceedings, up to and including the point of sentence. 63. To ensure criminal justice practitioners are fully aware of the Section 45 defence, the Crown Prosecution Service (CPS) has published legal guidance for prosecutors on the Section 45 defence. The College of Policing’s Modern Slavery and Human Trafficking Authorised Professional Practice provides practical advice for officers and staff, including on the Section 45 defence. The Home Office has also provided funding for further modern slavery training for key frontline law enforcement partners, including the police.
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