PART 5Protection of victims

I145Defence for slavery or trafficking victims who commit an offence

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.