The defence
Section 45 of the Modern Slavery Act 2015 provides a defence for an adult who is a victim of slavery or trafficking, who commits an offence compelled by their trafficking or slavery experience, where a reasonable person in the same situation would do so, and who has no other realistic alternative. The defence is subject to exceptions for certain serious offences.
How it applies
- The defendant must show they were a victim of slavery or human trafficking
- The offence was committed because of the slavery or trafficking experience
- A reasonable person in the same situation, with the same characteristics, would commit the offence
- The defence does not apply to certain serious offences, including sexual offences and serious violence
How we help
We identify the defence early, gather evidence of exploitation, and present it to the prosecution and the court. Where it applies, it can lead to no further action or acquittal. National Referral Mechanism findings are often relevant.
Frequently asked questions
No. It does not apply to certain serious offences, including sexual offences and serious violence. We advise on whether it is available for a particular charge.
The defence requires evidence that you were a victim of slavery or trafficking. A National Referral Mechanism decision can support the defence, though it is not determinative.
Yes. Where the defence is made out, the prosecution may offer no evidence, or the court may acquit.