Many of those prosecuted in county lines cases are themselves victims. The Modern Slavery Act provides a defence — but it must be properly advanced.
What county lines is
County lines describes the model of drug supply in which urban gangs exploit vulnerable people — often children and young adults — to move and store drugs across regional boundaries. The ‘line’ is a dedicated phone number used to take orders. The people doing the carrying and holding are frequently coerced, indebted, or threatened.
Prosecutions often target the people at the bottom of the chain, those most visible and most expendable, rather than the organisers. The result is that vulnerable defendants face serious supply charges carrying lengthy sentences.
The people caught up in it
Those exploited through county lines are often young, in care, or otherwise vulnerable. They may be trapped by ‘debt bondage’, threatened with violence, or groomed over time. The line between offender and victim is frequently blurred, and the criminal justice system has not always recognised that reality.
For these defendants, the sentencing guideline’s ‘lesser role’ factors — coercion, exploitation, no financial gain — are directly engaged, and the Modern Slavery Act 2015 may provide a defence to the offending itself.
The section 45 defence
Section 45 of the Modern Slavery Act provides a defence for victims of trafficking or slavery who commit offences as a direct consequence of their exploitation, subject to exclusions for the most serious offences. Where a defendant is both accused and a potential victim, the section 45 defence can be pursued alongside a referral to the National Referral Mechanism.
A positive conclusive grounds decision from the NRM can support the defence. We work with specialist support organisations to identify and present the evidence, raising the defence where it applies and ensuring the court understands the true circumstances of the defendant’s involvement.
Why specialist advice matters
These cases demand a defence that is both rigorous and humane. Exploitation and coercion can transform the sentencing picture, but only if they are properly evidenced and advanced. Without specialist representation, a vulnerable defendant can be treated as a willing participant and sentenced accordingly.
If you or a young person you know is facing a county lines prosecution, contact us. Early advice can identify exploitation, secure the right support, and change the outcome of the case.
Frequently asked questions
What is the section 45 defence?
Section 45 of the Modern Slavery Act 2015 provides a defence where a person committed an offence because they were compelled to do so as a direct consequence of slavery or trafficking, and a reasonable person in the same situation would have had no realistic alternative. It can apply to offences that would otherwise lead to conviction and a lengthy sentence.
Does the section 45 defence exist for under-18s?
Yes, and in a wider form. Section 45 applies to adults and requires compulsion. For those under 18 at the time of the offence, section 45 provides a broader defence that does not require proof of compulsion in the same way — age and exploitation are central.
What evidence proves I was exploited?
National Referral Mechanism (NRM) referrals, social services records, medical and psychological evidence, phone and messaging records showing control, and accounts from family or professionals all matter. Early expert evidence is often decisive, and it is best gathered before charge rather than at trial.
Should I make an NRM referral?
It can be valuable but it is not risk-free, and the timing and wording of a referral can affect the criminal case. Speak to a solicitor first so the referral supports your defence rather than being used against you.
Can I be prosecuted for drugs offences if I was coerced?
Yes, the prosecution may still proceed — but coercion is both a defence under section 45 and strong mitigation. Courts increasingly recognise the reality of county lines exploitation, particularly for young and vulnerable defendants, and specialist representation is essential.
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This article is general information, not legal advice. For guidance on your situation, contact our team — available day or night.