Modern Slavery and Human Trafficking: Offences and Defences, Including Section 45 Defence
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance addresses the prosecution of modern slavery offences under the Modern Slavery Act 2015, detailing definitions, relevant sections, case strategies, and the importance of supporting victims. It also covers non-punishment principles for identified victims, specifically concerning the statutory section 45 defence, mitigating factors in prosecution decisions, and guidance for handling cases involving vulnerable individuals.
Key points
- Prosecution guidance is based on the Modern Slavery Act 2015.
- Victims of modern slavery may be exempt from prosecution under certain conditions.
- Evidence from vulnerable victims must be handled with care and sensitivity.
- Early involvement of prosecutors is crucial to protect victims and inform investigations.
- Charges should reflect the seriousness of modern slavery offences.
Public-interest factors
- Offences are inherently serious and detrimental to society.
- Prosecution may fulfill international obligations to combat modern slavery.
- Protecting vulnerable populations is a key concern.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.