A specific defence was introduced in law for those who have been exploited in ways that can be defined as modern slavery (S45 Modern Slavery Act 2015). The defence covers human trafficking, slavery and forced or compulsory labour.

The criteria that apply in each area as follows:

  • Human trafficking

To be a victim of human trafficking, there must have been:

  • Action (recruitment, transportation)
  • Means (threat, coercion or use of force)
  • Purpose of exploitation (forced labour, slavery)
  • Slavery and forced/compulsory labour

To be a victim of slavery or forced/compulsory labour there must have been:

  • Means (being held, either physically or through threat of a penalty)
  • Service (an individual provides a service for benefit such as selling drugs, begging or sexual services)

A first responder organisation is an authority that has the power to refer a victim of modern slavery to the National Referral Mechanism (NRM).  Such organisations include:

  • Police forces
  • UK visa and immigration authorities
  • The National Crime Agency
  • Local authorities
  • The Salvation Army
  • Barnardo’s
  • The NSPCC

First responder organisations are responsible for identifying potential victims and recognising indicators of modern slavery. They also gather information on the circumstances surrounding the potential incidence of modern slavery. They then make a referral to the NRM.

Solicitors are not authorised to make referrals to the NRM.  However, we are able to contact first responder organisations and assist with the referral process.

If you have been charged with a criminal offence that you felt pressured or forced to commit, it is crucial that you have a solicitor who understands the NRM referral process. Going through the process can be challenging, but we are able to assist you at every stage.

National referral mechanism guidance: adult (England and Wales) – GOV.UK