Tag: Modern Slavery
Court of Appeal judgment- prosecuting victims of trafficking, abuse of process and Schedule 4 offences
It will not be an abuse of process for the CPS to prosecute a victim of trafficking, where the defence under section 45 Modern Slavery Act 2015 is not available, pursuant to schedule 4 of that act.
Home Office statutory guidance on the Modern Slavery Act 2015
The Home Office has published guidance for professionals in England and Wales who work with victims of modern slavery. The guidance assists in identifying the minimum standards of care that every potential child victim of modern slavery is entitled to
Court of Appeal authority on prosecuting victims of human trafficking
The Court of Appeal directed that proceedings which had been stayed as an abuse of process in the Crown Court should continue. Whether a defendant is a victim of human trafficking or not is a matter solely for the jury and not the judge. The abuse of process power cannot be used to immunise potential defendants from prosecution.
Updated Home Office Guidance on Criminal Exploitation of children and vulnerable adults: County Lines
This is revised guidance aimed at frontline staff who work with children, young people and potentially vulnerable adults.
Court of Appeal judgment on the relevance of a child’s willingness to be trafficked
The trial judge had wrongly considered that it was relevant to consider whether the children who had been exploited into carrying drugs in a county lines case were willing volunteers.
Modern Slavery Masterclass
YJLC were delighted to offer an evening masterclass on Modern Slavery, Child Trafficking and County Lines, generously hosted by Garden Court Chambers and chaired by Kate Aubrey-Johnson. The speakers, Henry Blaxland QC, Claire Sands, Stewart MacLachlan and Aika Stephenson shared their varied and extensive knowledge on this complex and emergent area of law. Details County […]
Young victims of trafficking must be protected from being re-trafficked
R (on the application of TDT (By his litigation friend Tara Topteagarden) (Appellant) v Secretary of State for the Home Department (Respondent) and Equality & Human Rights Commission (Intervener)  EWCA Civ 1395 The Court of Appeal (Civil Division) has ruled that the Secretary of State for the Home Department breached article 4 of the […]
s.45 Modern Slavery Act 2015 – a case on the burden of proof
R v MK: R v Persida Gega (aka Anna Maione)  EWCA Crim 667 In this case the Court of Appeal considered whether, when a defence under section 45 of the Modern Slavery Act 2015 (the Act) was raised, the legal burden of proof rested on the defendant . Or, whether the defendant had only the […]
High Court rules childhood criminal records disclosure scheme unlawful (again)
The claimants, victims of child sexual exploitation (CSE) with childhood convictions relating to prostitution, successfully challenged the legality of the criminal record disclosure schemes. The High Court affirmed earlier judgments that the current criminal record disclosure schemes are arbitrary and indiscriminate and there is an inadequate assessment of present risk in a particular employment and are unlawful.