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 AI-generated
The government states that existing legislation (Section 45 of the Modern Slavery Act 2015) and associated guidance already address the recommendation.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference: 169
Government Response Accepted
HM Government · verbatim extract Accepted
61. The Independent Review of the Modern Slavery Act 2015 (MSA) found in 2019 that the Section 45 defence struck the right balance between protecting victims and preventing abuse, however, the Government recognises that concerns remain.
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