Modern Slavery Defence in Criminal Cases

What Is Modern Slavery Under UK Law?

Modern slavery is a broad term covering several forms of exploitation. Under UK law it may include: 

• Human trafficking 
• Forced or compulsory labour 
• Domestic servitude 
• Criminal exploitation 
• Sexual exploitation 

The legal framework governing these offences is set out in the Modern Slavery Act 2015, which consolidated and strengthened previous legislation addressing trafficking and exploitation. 

Many victims of modern slavery are controlled by organised criminal networks, which may use threats, violence, debt bondage, or psychological manipulation to maintain control. Victims may be transported across the country or across borders and forced to engage in unlawful activity. 

One increasingly recognised form of exploitation is criminal exploitation linked to county lines drug networks, where vulnerable individuals are compelled to transport or sell drugs on behalf of organised groups.

Section 45 of the Modern Slavery Act 2015 Explained

Section 45 creates a statutory defence for victims of slavery or trafficking who commit criminal offences because of their exploitation. 

The provision acknowledges that victims may be forced to participate in criminal activity and should not automatically be treated as offenders. 

However, the defence is not automatic. The court must be satisfied that specific legal criteria are met. 

The Legal Test for Children

The law recognises that children are particularly vulnerable to exploitation. 

For defendants under 18, the defence applies if: 

• The person committed the offence as a direct consequence of being a victim of slavery or exploitation, and 
• A reasonable child in the same position would have acted in the same way. 

Importantly, children do not need to prove compulsion in the same way as adults. 

When Can Modern Slavery Be Used as a Criminal Defence?

The defence may arise in situations where individuals have been forced into criminal activity. 

Examples may include: 

• Drug supply within county lines operations 
• Immigration-related offences 
• Theft or shoplifting 
• Possession of weapons under coercion 
• Participation in criminal conspiracies 

In these circumstances, the defence argues that the accused person was not acting voluntarily, but instead under the control of those exploiting them. 

However, the defence is not available for certain serious offences, including: 

• Murder 
• Manslaughter 
• Serious violent offences 
• Certain firearms offences 
• Serious sexual offences 

These exclusions reflect Parliament’s intention to limit the defence in cases involving the most serious criminal conduct. 

Offences Often Linked to Criminal Exploitation

In practice, the modern slavery defence frequently arises in cases involving organised criminal networks. 

Common examples include: 

County Lines Drug Offences

Children and vulnerable adults are often recruited to transport drugs across different regions of the UK. They may be threatened, assaulted, or placed in debt to maintain control. 

Drug Possession With Intent to Supply

Victims may be required to hold or transport drugs for gang members. 

Immigration Offences

Trafficked individuals may be forced to use false documents or enter the country unlawfully. 

Theft and Shoplifting

Exploited individuals may be forced to steal goods for criminal groups. 

In each situation, the central legal question is whether the offending occurred because the person was being exploited.

Evidence Required to Establish the Defence

Successfully raising a modern slavery defence often requires careful gathering of evidence. 

This may include: 

• Evidence of trafficking or exploitation 
• Witness statements 
• Communication records 
• Medical or psychological reports 
• Evidence from safeguarding agencies 
• Findings from the National Referral Mechanism (NRM) 

The NRM is the UK’s framework for identifying potential victims of modern slavery. 

While an NRM decision can be important, courts ultimately assess the defence based on the totality of the evidence presented. 

Criminal defence solicitors will often work with specialists, including barristers and expert witnesses, to establish the circumstances surrounding exploitation. 

How Courts Assess Modern Slavery Claims

Courts approach modern slavery defences with careful scrutiny. 

Judges will consider: 

• The credibility of the exploitation claim 
• Whether the defendant had realistic alternatives 
• The nature of the threats or coercion involved 
• The defendant’s personal circumstances 
• Any evidence of organised criminal involvement 

The court will then decide whether the legal test under Section 45 has been satisfied. 

Where the defence succeeds, the defendant may be acquitted of the offence. 

Why Specialist Criminal Defence Solicitors Are Essential

Cases involving modern slavery are legally and factually complex. They often involve: 

• organised crime investigations 
• trafficking allegations 
• cross-border elements 
• vulnerable defendants 

Building a successful defence requires a detailed understanding of both criminal law and modern slavery legislation. 

Specialist criminal defence solicitors can: 

• assess whether the statutory defence applies 
• gather evidence of exploitation 
• challenge prosecution arguments 
• present the case effectively in court 

Early legal advice is often crucial in ensuring that evidence supporting the defence is identified and preserved. 

If you are facing criminal charges but believe your actions were the result of slavery, trafficking or exploitation, obtaining specialist legal advice should be a priority. 

Our criminal defence solicitors regularly represent individuals involved in complex criminal investigations and prosecutions. We provide clear, strategic advice and robust representation at every stage of proceedings.