Members of Libertas Chambers at every level have experience in criminal investigations, trials and appeals involving the defence of trafficked persons who commit crime both before and since the implementation of the defence in s45 of the Modern Slavery Act 2015. In particular, members are on top of the latest issues arising from the December 2020 High Court ruling on admissibility of positive conclusive grounds decisions by the Single Competent Authority (“SCA”). In addition, Felicity Gerry QC is a contributor to Human Trafficking Modern Slavery Law and Practice (Bloomsbury 2nd Ed published 2020) and has advised internationally on the application of the non -punishment principle, including UNODC research on the victim /perpetrator paradigm.
Members of Libertas Chambers also have experience in the context of corporate responsibility for slavery in supply chains in both the UK and Australia where there is an emerging overlap with criminal law: The compliance mesh that is capable of fulfilling the ‘protect, respect, remedy’ mantra of business and human rights can be complex particularly in construction in design, operation and production. Even where the quality of the product is high, if there is exploitation in the workforce, there is a risk of safety and environmental breaches and issues over the potential for remediation.
Members of Libertas Chambers have experience of fraud, bribery, corruption, money laundering and other corporate crime which gives unique insight into the necessity to engage with different stakeholders in different locations. We understand the risks and can advise on the identification of further risks, or investigations of the treatment of people in supply chains to understand the culture of organisations and appropriate compliance.