Modern slavery is a broad term used to describe situations where people are controlled, coerced, or exploited for another person’s gain. It includes offences such as forced labour, domestic servitude, sexual exploitation, and criminal exploitation. Under the Modern Slavery Act 2015, it is a crime to hold another person in slavery or servitude, or to require them to perform forced or compulsory labour.
The law recognises that victims may be trapped through threats, violence, debt, deception, or abuse of power — and that they may appear to consent because they see no other option. However, it’s important to understand that not everyone accused of modern slavery is a trafficker or exploiter. In many cases, the accused person may also have been a victim, acting under pressure, fear, or misunderstanding.
Why these cases are difficult
Modern slavery investigations are often complex, involving multiple agencies such as the police, immigration enforcement, and the Home Office. They can include evidence from phone data, bank records, travel documents, and witness statements taken across different countries. The definition of “exploitation” is wide, and prosecutors sometimes bring charges where the facts are disputed or where the accused had little or no control over what was happening.
The emotional and reputational impact of a modern slavery allegation is enormous. These cases often attract press attention and carry severe penalties, including long prison sentences and confiscation of assets. Having specialist legal advice from the earliest stage is crucial to ensure the investigation stays fair and the evidence is properly tested.
Why you need a solicitor
A good Criminal Defence Solicitor will understand how modern slavery and human trafficking cases are built, and will make sure that all relevant facts — including your own background and circumstances — are fully considered. They will:
- Find out the precise basis of the allegation and obtain disclosure of the evidence against you.
- Attend and advise you at police interview, ensuring that your account is recorded accurately and that questioning stays within lawful limits.
- Check that investigators are following the correct procedures under the Modern Slavery Act and the National Referral Mechanism (NRM).
- Explore whether you should have been identified as a potential victim rather than an offender, and make the necessary referrals if appropriate.
- Instruct cultural or trafficking experts to help the court understand your situation, especially where language or cultural factors may have led to misunderstanding.
- Work with experienced Criminal Defence Barristers or King’s Counsel to prepare your defence and challenge any assumptions made by the prosecution.
- If convicted, prepare mitigation and advise on possible appeal routes.
Modern slavery cases are some of the most complex and sensitive in the criminal justice system. Having the right solicitor ensures that your rights are protected, the facts are properly investigated, and that any vulnerabilities or exploitation you have suffered are recognised in law.
If you have any questions about modern slavery allegations, the investigation process, or how the National Referral Mechanism works — or if you need help identifying a solicitor experienced in this area — please contact us using the links below.