The Modern Slavery Act 2015 incorporates a number of offences that carry very severe penalties, including life imprisonment. The Act can be found here: https://www.legislation.gov.uk/ukpga/2015/30/contents/enacted
There is a statutory defence in s.45 MSA 2015 that engages in some instances where the defence can argue that the individual only acted as they did as a consequence of their own modern slavery or relevant exploitation. It can apply to both children and adults. It does not apply to all offences (Murder, kidnapping, possession of firearms, as examples but it does apply to drug offences where it is increasingly common).
The Court of Appeal has set limitations on the defence and the evidence that may be called to support it (see R v Brecani [2021] EWCA Crim 731) https://www.judiciary.uk/wp-content/uploads/2022/07/R-v-Kevin-Brecani.pdf.
It is therefore vital that in such cases that Counsel with experience are involved at an early stage to advise.
Other instances of Human Trafficking will not allow the MSA s.45 defence. An example is Human Trafficking itself. Human Trafficking is very widespread and is often linked to serious organised crime. Those charged are often said to have Trafficked individuals into and within the UK to exploit them for gain. That can be done in a variety of ways but typically the purpose is to make money for those who Traffick and exploit.
Martin has been involved in some of the most serious and complex cases of Modern Slavery including in R v C, the largest ever case in Europe in which he acted in the first of many trials, leading for the first defendant. He was successful in challenging an Appeal by the Attorney General in the Court of Appeal. He then led as Counsel for one of the individuals extradited from abroad to stand trial in a follow on trial.
Martin has also acted in cases involving allegations of controlling prostitution as part of the overarching slavery allegations. He is able to work closely with experienced Solicitors to robustly defend such cases, working with experts in Cell site, telephone and Forensic accountancy.
