An Advanced Guide to Modern Slavery Section 45 Defences - With Ben Douglas-Jones KC

Introduction

When investigating crime, particularly organised crime, authorities have always been able to investigate the offence and then ask, ‘who is a party to it?’.

However, that is no longer possible and it is now necessary instead to investigate the person involved to see whether, in offences not exempted by Schedule 4 to the Modern Slavery Act 2015, s.45 might provide them with a defence and in all other cases.

Additionally, it is necessary to investigate whether the international protections of the non-prosecution regime for possible credible victims of trafficking and slavery who offend applies.

This virtual classroom seminar will provide answers to tricky questions concerning how victims can act criminally and on which victims should be prosecuted and which victims should be protected and treated only as a victim.

The session will address the three hot topics: the international and regional instruments following the EU exit; abuse of process and which members of an OCG are committing trafficking and slavery offences as opposed to which members are victims who have a defence to the predicate crime.

This course is also suitable for ROI and Europe from the point of view of identification and comparison of EU Anti-Trafficking Directive and European Convention on Action Against Trafficking non-prosecution principles.

What You Will Learn

This live broadcast will cover the following:

• In depth focus on trafficking indicators
• The difference between evidence of components of trafficking and indicators of trafficking
• How to approach the prosecution of trafficking and slavery offences
• Exploitation typologies and common control methods
• Investigations beyond the complainant’s account
• Other lines of enquiry: international material; the accused and third-party material
• The county lines paradigm
• The interplay between traffickers and victims of trafficking in the same OCG
• Essential elements of s.45 for children
• Essential elements of s.45 for adults
• The NRM and the backlog - when must the NRM be used
• When is the NRM not essential in a criminal case
• So called abuse of process following AAD (2022)
• Evidence in the Crown Court in trafficking cases
• Grounds of appeal: what may be learned from appeals for Crown Court practice

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.