UK Criminal Law Review
Examining the legal and evidential challenges of raising a modern slavery defence in the criminal courts of England and Wales
The article examines the legal and evidential challenges of raising a modern slavery defence in the criminal courts of England and Wales. Felicity’s PhD was on criminal justice as a strategic game for trafficked women. She is also a contributor to Human Trafficking and Modern Slavery Law and Practice (Bloomsbury). She appeared for a successful applicant in R v AAD and others. Chaynee, one of our newest tenants has over 10 years’ experience as an academic.
The article discusses three areas:
- The complexities of the admission of, and reliance on, expert evidence, despite the recognition in English law of the importance of identifying victims of human trafficking – and how the consequences of their victimhood can be long-term.
- The limitations of the statutory defence under s.45 of the Modern Slavery Act 2015 where the balance appears to remain problematic, rather than providing protection, due to the exclusionary provisions in Schedule 4.
- The limitations of the requirement for compulsion for the operation of the defence, rather than a recognition that the trafficked person loses their autonomy through exploitation and should not bear criminal responsibility
The article was written together with Riccardo Pagano of Thompson and Co Solicitors.
For those with a subscription the full article can be found here – https://www.sweetandmaxwell.co.uk/Product/Criminal-Law/Criminal-Law-Review/Journal/30791441