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05 May 2021 / ​Alexandra Felix KC , Ruth Broadbent
Issue: 7931 / Categories: Features , Criminal , Human rights
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Modern slavery: invisible handcuffs?

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Alexandra Felix QC & Ruth Broadbent examine the complexities of modern slavery within the UK’s criminal justice system
  • In R v DS, the Court of Appeal ruled that the issue of whether a defendant is a victim of human trafficking and modern slavery is a matter for the jury to decide, rather than the judge.
  • However, the judgment does not resolve the question of how a jury can determine a defendant’s status as a victim.

In February 2020, the Court of Appeal handed down its judgment in R v DS [2020] EWCA Crim 285. The appeal arose from a terminatory ruling in a county lines drugs case, the judge having stayed the prosecution as an abuse of process in light of the Single Competent Authority’s (SCA) determination that the defendant, a child, was a victim of human trafficking. The appeal was allowed, with the court concluding that the introduction of the ‘modern slavery defence’ (s 45 of the Modern Slavery Act 2015 (MSA 2015)) meant

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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