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19/03/19

Crimes Committed By Slavery & Trafficking Victims | Kangs Serious Crime Defence Solicitors

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Victims of slavery and people trafficking are afforded protection in respect of a number of crimes they may be forced to commit by the Modern Slavery Act 2015.

Suki Rhandawa of Kangs Solicitors outlines the statutory protection available.

The Law | Kangs Slavery and People Trafficking Advisory Solicitors

Section 45 of the Modern Slavery Act 2015 (‘the Act’) provides for the following:

A person is not guilty of an offence if:

  • the person is aged 18 or over
  • the person is compelled to act in that manner
  • the compulsion arises from slavery or exploitation
  • any reasonable person in that position would have no realistic alternative other than to act in that manner

A person is not guilty of an offence if:

  • the person is under the age of 18
  • the person does the act as a consequence of slavery or exploitation
  • any reasonable person in that position would have no realistic alternative other than to so act

Until an assessment of the person’s age is carried out by a local authority or the person’s age is otherwise determined, the public authority must assume for the purposes of its functions under relevant arrangements that the person is under 18.

Offences Not Covered By The Act | Kangs Serious Crime Advisory Solicitors

Schedule 4 of the Act excludes the following from the section 45 defence:

The common law offences of

  • false imprisonment
  • kidnapping
  • manslaughter
  • murder
  • perverting the course of justice
  • piracy

Specified statutory offences, including,

  • under the Offences Against The Person Act 1861
  • Explosive Substances Act 1883/Firearms Act 1968
  • Infant Life (Preservation) Act 1929/Children and Young Persons Act 1933
  • Theft Act 1968.
  • Sexual Offences Act 2003.

How Can We Help? | Kangs National Criminal Defence Solicitors

Any issues relating to alleged slavery or trafficking are handled sensitively by our expert team which is accustomed to assisting clients affected by such matters.

Where necessary and appropriate, a reference to the National Referral Mechanism, which was established to identify victims of trafficking to ensure that they receive the necessary protection and support, may be effected.

For further information or assistance please do not hesitate to contact our team through any of the following:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Helen Holder
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210

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