Section 45 Modern Slavery Act: Direct Consequence

Section 45 of the Modern Slavery Act 2015 provides a defence for human trafficking victims charged with some criminal offences. Section 45(1)(c) provides that the compulsion of an adult defendant must be attributable to slavery or relevant exploitation for the defence to succeed. Section 45(3) explains that section 45(1)(c) can be satisfied in one of two ways: the compulsion could either be conduct which constitutes an offence under section 1 (‘slavery, servitude and forced or compulsory labour’), or compulsion could be a ‘direct consequence of a person being, or having been, a victim of slavery or relevant exploitation’.

Confusing Circularity

One significant issue with the latter part of this provision is its circularity: compulsion is attributable to slavery or relevant exploitation if it is a direct consequence of a person being… a victim of slavery or relevant exploitation.