answer text |
<p>The statutory defence is an important additional protection for victims of <br>modern
slavery who have been compelled to commit certain offences as a direct <br>consequence
of their slavery or trafficking situation. In addition, the Crown <br>Prosecution
Service will continue to use its discretion to not charge an <br>offence or discontinue
a prosecution which is not required, in the public <br>interest. <br><br>It is imperative
that the defence protects child victims of modern slavery from <br>being inappropriately
criminalised whilst also avoiding providing complete <br>immunity for the most serious
categories of offending. The reasonable person <br>test is an important safeguard
in ensuring that the defence cannot be abused.<br><br>The defence for child victims
has been amended in the House of Lords to remove <br>the requirement for compulsion
and we have also tabled an amendment at Lord’s <br>Report of the Modern Slavery Bill
to the reasonable person test for child <br>victims to make it easier for child victims
to gain protection from the <br>statutory defence. This amendment will remove the
reference to the child having <br>no realistic alternative to committing the offence
and will mean that once the <br>defence is raised, the prosecution would have to show
beyond reasonable doubt <br>that the child acted unreasonably in committing the offence.</p><p>
</p><p> </p><p> </p>
|
|