Modern Slavery Defence in Criminal Cases (Section 45 of the Modern Slavery Act 2015)

What Is the Modern Slavery Defence?

The modern slavery defence exists to protect individuals who commit criminal offences because they are victims of exploitation or trafficking. 

It recognises that some people are not acting freely when they offend. They may be under threat, pressure, control, grooming, debt, violence, or fear.

• Drug production or distribution 
• Theft or fraud 
• Cannabis cultivation 
• Transporting illegal goods 
• Immigration-related offences 

In these situations, the individual involved may not be acting voluntarily. Instead, they may be acting under threats, coercion, or manipulation. 

The law recognises that holding such individuals fully criminally responsible may be unjust. 

The legal framework for this defence is contained in Section 45 of the Modern Slavery Act 2015.

Section 45 of the Modern Slavery Act 2015

Section 45 provides a statutory defence where a person commits an offence because they were compelled to do so as a victim of slavery or trafficking. 

The defence differs depending on whether the defendant was an adult or a child at the time of the alleged offence.

Who Can Rely on the Defence?

For adults, the defence applies where: 

• The person committed the offence because they were compelled to do so. 
• The compulsion is attributable to slavery or exploitation. 
• A reasonable person in the same situation would have had no realistic alternative but to commit the offence. 

The court will consider the circumstances of the individual, including: 

• Vulnerability 
• Exploitation 
• Control by traffickers 
• Threats or violence 

Adults vs Children

Different rules apply to children under the age of 18. 

A child does not need to prove compulsion in the same way as an adult. Instead, the court considers whether: 

• The child committed the offence as a direct consequence of being exploited, and 
• A reasonable child in the same situation would have acted similarly. 

This reflects the law’s recognition that children are particularly vulnerable to grooming, control and manipulation.

Evidence Required to Establish the Defence

Successfully relying on the modern slavery defence often depends on the evidence presented to the court. 

Relevant evidence may include: 

• Evidence of trafficking or exploitation 
• Witness statements 
• Expert reports 
• Communications demonstrating control or coercion 
• Background information about the individual’s circumstances 

In many cases, evidence from the National Referral Mechanism (NRM) may also be relevant. 

An NRM decision can be important, but it does not automatically decide the criminal case. The court must still consider the evidence and apply the Section 45 test.

The court will consider all available evidence when deciding whether the statutory defence applies. 

How Courts Assess a Modern Slavery Defence

When a defendant raises the modern slavery defence, the court must assess whether the legal criteria are satisfied. 

This includes examining: 

• Whether the defendant was a victim of slavery or trafficking 
• Whether they were compelled to commit the offence 
• Whether a reasonable person in the same situation would have acted in the same way 

Prosecutors must also consider whether it is in the public interest to continue proceedings. 

Guidance from the Crown Prosecution Service explains how prosecutors should approach cases involving victims of exploitation.

When the Defence May Not Apply

The modern slavery defence does not apply in every situation. 

Certain serious offences are excluded from the statutory defence, including offences involving: 

• Serious violence 
• Homicide 
• Terrorism 
• Other serious crimes specified in the legislation 

Additionally, the defence may fail where: 

• The defendant acted voluntarily 
• The exploitation is not sufficiently linked to the offence 
• There is insufficient evidence of coercion 

Each case must be assessed carefully based on the specific facts and evidence involved.

Why Specialist Criminal Defence Solicitors Are Essential

Cases involving modern slavery and exploitation are legally complex. 

They often require careful analysis of: 

• Trafficking indicators 
• Exploitation evidence 
• Witness testimony 
• Legal thresholds under the Modern Slavery Act 

An experienced criminal defence solicitor can: 

• Assess whether the Section 45 defence may apply 
• Review the evidence in detail 
• Prepare the defence strategy 
• Represent the client throughout criminal proceedings 

Early legal advice can be critical where exploitation or coercion forms part of the allegations. 

If you are facing charges and believe exploitation, trafficking, or coercion may be relevant, legal advice should be taken as soon as possible.