Key Facts
- •ADG and BIJ, 17-year-old males, were convicted of two counts of conspiracy to supply class A drugs.
- •The offences occurred when they were 14-16 years old.
- •They pleaded guilty to other drug-related offences and received concurrent Youth Rehabilitation Orders (YROs).
- •Their defence relied on section 45 of the Modern Slavery Act 2015, claiming they were exploited.
- •The trial judge's directions to the jury incorrectly included 'compulsion' as an element of the defence for those under 18.
Legal Principles
Section 45(4) of the Modern Slavery Act 2015 sets out the defence for those under 18, which does not require proof of compulsion.
Modern Slavery Act 2015, section 45(4)
Section 45(1) of the Modern Slavery Act 2015 sets out the defence for those aged 18 and over which includes a requirement to show compulsion.
Modern Slavery Act 2015, section 45(1)
The defence for those under 18 requires demonstrating that the offence was a direct consequence of being a victim of slavery or relevant exploitation.
Modern Slavery Act 2015, section 45(4)
Outcomes
Appeals allowed; convictions quashed.
The trial judge's directions incorrectly included the element of 'compulsion', which is not required for the defence under section 45(4) for those under 18. The error rendered the convictions unsafe.
No retrial ordered.
The appellants had already received concurrent YROs for other offences, and a retrial would not significantly impact their sentences. Considering their age at the time of the offences and their near-18th birthdays, a retrial was deemed not in the interests of justice.