The Statutory Defence Available to Trafficked Victims and the Role of the Legal Profession in Identifying Victims of Human Trafficking

Despite there being a statutory defence under Section 45 Modern Slavery Act 2015 to protect victims from prosecution, there are problems with this defence when applied in practice which fails to adequately protect victims and for trials to continue through to conviction and sentence. Consequently, it is difficult for the UK to demonstrate a consistent victim-centred approach protecting victims from trafficking when the focus is on the criminal behaviour of victims, rather than understanding the mitigating circumstances of why they are often forced into committing offences for the financial benefit of their exploiters in the first place. More awareness from those working in the criminal justice system is required to become aware of this phenomenon.