Recommendation 54

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.