Review of the Human Trafficking Defence for Victims

The Modern Slavery Act provides a defence for slavery or trafficking victims who commit a criminal offence under section 45. To read an explanation and commentary on the individual components of the defence, click on the underlined parts of the legislation.

According to section 45 of the Modern Slavery Act:

(1)A person is not guilty of an offence if—

(a)the person is aged 18 or over when the person does the act which constitutes the offence,

(b)the person does that act because the person is compelled to do it,

(c)the compulsion is attributable to slavery or to relevant exploitation, and

(d)a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act.

(2)A person may be compelled to do something by another person or by the person’s circumstances.

(3)Compulsion is attributable to slavery or to relevant exploitation only if—

(a)it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or

(b)it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.

(4)A person is not guilty of an offence if—

(a)the person is under the age of 18 when the person does the act which constitutes the offence,

(b)the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and

(c)a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act.

(5)For the purposes of this section—

  • “relevant characteristics” means age, sex and any physical or mental illness or disability;

  • “relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.

(6)In this section references to an act include an omission.

(7)Subsections (1) and (4) do not apply to an offence listed in Schedule 4.

(8)The Secretary of State may by regulations amend Schedule 4.