Prosecuting & Defending Victims of Modern Slavery - With Ben Douglas-Jones KC

Introduction

Anyone committing a criminal act in the context of activity involving more than one suspect might be a victim of exploitation. Therefore, they might be a victim of modern slavery or trafficking. Investigators, prosecutors, defence practitioners and courts continue to allow the lines between identifying suspects as victims of trafficking and the decision to prosecute to be blurred. Over the last 15 years we have come to understand that such victims who commit criminal acts may not be criminal or culpable and, in those circumstances, not be prosecuted. With some victims their status will amount to mitigation. With some the trafficking will be of background interest.

This webinar is designed to alert practitioners and stakeholders who deal with all aspects of criminal justice (in all types of offences) and those who engage with victims of trafficking and slavery to indicators of trafficking, how to identify the components of trafficking and what to do procedurally, evidentially and in an advisory capacity to ensure the people are prosecuted only in appropriate circumstances and that people are properly defended. Practical, step-by-step guidance as to the duties of police, prosecutors and defence practitioners will also be given.

What You Will Learn

This webinar will cover the following:

• How to spot indicators of trafficking
• How to identify victims of slavery and trafficking without looking at complex domestic law in a Court of Appeal approved technique
• The three components of trafficking
• How the National Referral Mechanism should be used in criminal proceedings
• When the NRM process should not slow down the case
• The section 52 Modern Slavery Act 2015 duties of police officers and other agencies
• How the Crown Prosecution Service four stage test for prosecuting suspects who are victims of trafficking and slavery who commit criminal acts works
• How to assess evidence when duress or a modern slavery defence (under section 45, 2015 Act) might apply
• What evidence should be considered to advance or undermine the defence case
• How the defence works: a look at ‘direct consequence’, ‘compulsion’, ‘situation’, ‘no realistic alternative’ and ‘reasonable person’; as well as historical trafficking and ‘circumstances’ surrounding trafficking
• How stage 4 and the public interest work
• Schedule 4 excluded offences
• The dominant force of compulsion vs the seriousness of the offence

This webinar was recorded on 30th May 2024

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