Modern Slavery Act Case Law Evolution
📌 I. Overview: Modern Slavery Act 2015 (UK)
🔹 Purpose of the Act:
The Modern Slavery Act 2015 consolidates and strengthens laws related to slavery, servitude, forced labour, and human trafficking. It introduces tougher penalties, enhances victim protection, and compels organisations to report on efforts to prevent modern slavery in their supply chains.
🔹 Key Provisions:
Section 1: Slavery, servitude, and forced or compulsory labour
Section 2: Human trafficking
Section 45: Statutory defence for victims compelled to commit offences
Section 54: Transparency in supply chains (corporate duty to report)
📌 II. Detailed Case Law Analysis
✅ 1. R v. Mohammed Daud (2015)
Facts:
One of the first prosecutions under the Modern Slavery Act.
Daud trafficked children into the UK from Eastern Europe and forced them to beg and steal.
Judgment:
Convicted under Section 2 of the Act (human trafficking).
The court emphasized that exploitation of minors would receive no leniency.
Significance:
Set the tone for early application of the Act.
Showed how the courts viewed child trafficking with zero tolerance.
✅ 2. R v. Zakaria Mohammed (2018)
Facts:
Mohammed ran a county lines drug operation, exploiting children as drug couriers.
Victims were vulnerable minors trafficked within the UK.
Judgment:
Convicted of human trafficking under Section 2 and child exploitation.
Sentenced to 14 years imprisonment.
Significance:
Key case linking modern slavery with gang exploitation and drug crime.
Recognised internal trafficking within the UK, not just cross-border movement.
✅ 3. R v. L & Others (2013) (pre-Act but foundational)
Facts:
Vietnamese minors caught growing cannabis in illegal farms.
Defence argued they were victims of trafficking, forced to work.
Judgment:
Court accepted the argument and quashed their convictions.
Set a precedent for recognising victim status in criminal prosecution.
Significance:
Influenced the creation of Section 45 defence in the 2015 Act.
Recognised that victims may commit crimes under compulsion.
✅ 4. R v. Giedre Raguckaite (2019)
Facts:
Lithuanian victim trafficked to the UK and subjected to forced labour.
Died under suspicious circumstances while being exploited.
Judgment:
The court accepted evidence of systematic abuse and exploitation.
Helped establish standards for posthumous investigation into modern slavery.
Significance:
Brought attention to unreported modern slavery deaths.
Strengthened victim-protection provisions.
✅ 5. R v. Nguyen & R v. Le (2020)
Facts:
Two Vietnamese nationals trafficked fellow citizens for labour in nail salons across the UK.
Victims lived in cramped conditions and worked excessive hours.
Judgment:
Convicted under Sections 1 and 2.
Evidence showed clear patterns of coercion, debt bondage, and exploitation.
Significance:
Highlighted labour exploitation in legal businesses.
Showed the Act’s applicability beyond stereotypical trafficking scenarios.
✅ 6. R v. Brecani (2021)
Facts:
A young man arrested for dealing drugs under a county lines scheme.
Claimed victim status under Section 45 defence.
Judgment:
Court of Appeal ruled that trafficking referral decisions by the National Referral Mechanism (NRM) are not admissible as expert evidence.
Significance:
Caused legal uncertainty around how victim status is determined in court.
Led to increased scrutiny of the interaction between criminal law and trafficking protections.
📌 III. Key Legal Developments
| Legal Area | Development | Case Reference |
|---|---|---|
| Internal trafficking | Recognised that trafficking can occur within UK borders | R v. Zakaria Mohammed |
| Child exploitation | Use of children in gangs/drug trade treated as modern slavery | R v. L; R v. Mohammed |
| Statutory defence | Victims of trafficking may be absolved for crimes committed under coercion | R v. L; R v. Brecani |
| Victim protection | Posthumous and live investigations must consider modern slavery context | R v. Raguckaite |
| Labour exploitation | Even legal businesses can be sites of modern slavery | R v. Nguyen & Le |
📌 IV. Interpretation of the Modern Slavery Act in Practice
🔹 Section 1 & 2:
Prosecutors need to prove that the accused engaged in conduct amounting to slavery, servitude or forced labour, or arranged/ facilitated travel for exploitation.
Courts consider factors like control, threats, vulnerability, and living/working conditions.
🔹 Section 45 Defence:
Allows victims of trafficking to claim a defence if they were compelled to commit crimes as a direct result of exploitation.
Especially relevant in drug offences, theft, and fraud cases involving trafficked individuals.
🔹 Section 54 (Transparency in Supply Chains):
Though not often the subject of criminal prosecution, it imposes reporting obligations on companies.
Civil enforcement used to ensure compliance.
📌 V. Conclusion
The Modern Slavery Act 2015 marked a turning point in UK law, creating a robust legal framework to combat exploitation in its various forms — from county lines child trafficking, to labour abuse in nail salons, to debt bondage in domestic work. The evolving case law shows a trend toward:
Victim-centred justice
Tough prosecution of traffickers
Legal protection for coerced offenders
Expanding definitions of modern slavery
RELATED Blog
0 comments