Source · Select Committees · Home Affairs Committee
Recommendation 56
56
Accepted
Paragraph: 169
Ensure broad application of non-punishment for compelled offences, without burden of proof hindering
Recommendation
In line with the recommendations on s45 of the Council of Europe’s Group of Experts on Action against Trafficking in Human Being’s third UK report, the Government should: a) ensure that the non-punishment provision can be applied to all offences that victims of trafficking were compelled to commit, by ensuring that victims are promptly identified and receive adequate support from their first contact with law enforcement agencies; and b) ensure that the allocation of the burden of proof does not substantially hinder the application of the non-punishment provision.
Government Response Summary
The government states that existing legislation (Section 45 of the Modern Slavery Act 2015) and associated guidance already address the recommendation.
Paragraph Reference:
169
Government Response
Accepted
HM Government
Accepted
132. The Government is committed to ensuring that victims of trafficking are not punished for offences they were compelled to commit as a direct consequence of their exploitation. Section 45 of the Modern Slavery Act 2015 provides a statutory defence for victims of modern slavery who commit certain offences. This defence is intended to protect victims from being criminalised for actions they were forced to take by their traffickers. 133. The Modern Slavery Statutory Guidance provides detailed guidance on the application of the Section 45 defence. This guidance is kept under regular review, and is updated as necessary to ensure that it reflects current case law and best practice. The Government will continue to work with law enforcement agencies, prosecutors and the judiciary to ensure that the Section 45 defence is applied appropriately in all cases.