PART 5

Protection of victims

Defence for slavery or trafficking victims who commit an offence
45
1
A person is not guilty of an offence if—
a
the person is aged 18 or over when the person does the act which constitutes the offence,
b
the person does that act because the person is compelled to do it,
c
the compulsion is attributable to slavery or to relevant exploitation, and
d
a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act.
2
A person may be compelled to do something by another person or by the person’s circumstances.
3
Compulsion is attributable to slavery or to relevant exploitation only if—
a
it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or
b
it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.
4
A person is not guilty of an offence if—
a
the person is under the age of 18 when the person does the act which constitutes the offence,
b
the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and
c
a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act.
5
For the purposes of this section—
- “relevant characteristics” means age, sex and any physical or mental illness or disability;
- “relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.
6
In this section references to an act include an omission.
7
Subsections (1) and (4) do not apply to an offence listed in Schedule 4.
8
The Secretary of State may by regulations amend Schedule 4.