21 December 2020 by

DPP v M [2020] EWHC 3422 (Admin) (15 December 2020) — judgment here

On 15 December 2020, the Excessive Courtroom dominated {that a} optimistic conclusive grounds selections by the Single Competent Authority (“SCA”) {that a} defendant was a sufferer of trafficking and fashionable slavery was admissible proof in a felony trial the place the defendant raises the defence in s.45 Modern Slavery Act 2015 (“MSA 2015”) that the act passed off by purpose of slavery or exploitation.


M was a 15-year-old boy with no historical past of offending.  On 16 Might 2019, he was at a KFC in Tooting, an space of London to which he had he had no connection, together with two different boys (MP and KM) who have been identified by police to be gang members and ordinary knife carriers. When the group have been searched by cops, M had 5 wraps of cocaine, 2 wraps of diamorphine (heroin) and a searching knife in his possession.

On 23 Might 2019, M was referred to the Nationwide Referral Mechanism (“NRM”) by Lewisham Youngsters’s Social Care. On 21 August 2019 the Single Competent Authority (“SCA”) made a optimistic conclusive grounds choice that, on a steadiness of possibilities, M had been recruited, harboured and transported for the needs of felony exploitation.

The Prosecution agreed with the information upon which the choice was based mostly, however didn’t agree with the conclusive grounds choice itself.

On four December 2019, M was tried at Wimbledon Youth Courtroom for possession of a bladed article, possession of a Class A drug (heroin) and possession of a Class A drug (cocaine).

M relied on the two-limb statutory defence in s.45 MSA 2015, that

  1. he was a baby who had carried out the act as a direct consequence of getting been a sufferer of slavery or related exploitation; and
  2. an inexpensive particular person in the identical scenario because the particular person and having his related traits would try this act.

The s.45 defence locations an evidential burden on the Defendant. M didn’t give proof in assist of this defence and had made a ‘no remark’ interview on the police station. The District Choose nonetheless acquitted M, discovering that the proof adduced (the complete minute of the SCA choice, the proof of the cops and the admitted information) was enough to fulfill the evidential burden.


The DPP appealed to the Excessive Courtroom by the use of case said arguing that, within the circumstances of this case, the place the Respondent didn’t give proof and didn’t present a proof in interview, the requisite evidential burden within the s.45 defence had not been discharged. The DPP argued that

  1. for the needs of a felony trial, the SCA choice was inadmissible non-expert opinion proof and rumour; and
  2. in any occasion the choose was improper to seek out that the proof earlier than her was enough to discharge the evidential burden which lay on M to determine the statutory defence.

The Excessive Courtroom reviewed the legislative framework and plenty of tangentially related authorities. Nonetheless, there was hitherto no authoritative steerage as to the admissibility of SCA conclusive grounds selections in felony trials. The courtroom thought of common rules on skilled proof and rumour proof and concluded at [53] that

We contemplate that the District Choose was entitled to obtain and admit the findings of the SCA as proof that M had been recruited and harboured such that he had been trafficked throughout the which means of the 2015 Act and that he was a sufferer of felony exploitation. The SCA choice maker had experience in relation to these points. The choose was entitled to think about the findings and assess the extent to which they have been supported by proof. Insofar as applicable, she would have been in a position to scale back the burden she gave to the findings. Nonetheless, that could be a query of weight somewhat than admissibility. In actual fact, the SCA choice was based mostly on a correct evidential basis and it was not contradicted by different materials obtainable to the choose.

Having dominated the choice itself admissible, the Courtroom turned its consideration from [56] onwards as to if the evidential burden had been discharged in respect of each limbs of the s.45 defence.

On the information of this case, there was related direct proof obtainable to the District Choose to help in figuring out that was a sufferer of exploitation and that his offending was a direct consequence of that standing. As summarised at [58]

M was a lacking little one; he was in an space with which he had no connection; he had no earlier convictions; he was with two boys with a big felony historical past involving medication and knives. This was not rumour proof. The rumour proof described M’s troubled background by reference to native authority and police data. The data have been admissible underneath part 117 of the Legal Justice Act 2003.

As regards what an inexpensive particular person would have carried out, contemplating the Defendant’s age in isolation wouldn’t have been enough. Nonetheless, on this case, though not set out within the case said, the District Choose thought of the whole thing of the proof of M’s background [61]. The Defendant had due to this fact discharged the burden and was correctly acquitted.


The ruling units an necessary precedent. For felony practitioners, it brings readability to the hitherto unsure situation of the admissibility at trial of a probably key piece of proof in s.45 circumstances. As Chloe Hartnell, the felony defence solicitor instructed by M, defined in a statement following the ruling,

Courts have agreed that there must be forensic examination of all of the proof as as to if the defendant is a sufferer of trafficking and whether or not there’s a nexus with the offence. Depriving the courtroom of the SCA choice would have severely lowered the proof on which to make this choice.

SCA selections aren’t determinative and the ruling doesn’t imply {that a} optimistic conclusive grounds choice will mechanically result in acquittal in all circumstances; each limbs of the defence stay points to be determined by the tribunal of reality. The burden to be afforded to the SCA choice will rely upon the circumstances in every particular person case and can must be thought of alongside all of the proof.

Counsel for the Defendant additionally welcomed the judgment stating

This choice is a significant step ahead for these defendants, typically weak youngsters, who’re victims of trafficking, fashionable slavery and compelled criminality. Defendants will be capable of level to the choice made by the Single Competent Authority and the rationale behind it when asking the courtroom to acquit them in accordance with the statutory defence within the MSA 2015.


The UK Human Rights Weblog has mentioned the problem of human trafficking in a current piece by the identical creator on one other felony legislation choice here, and in addition in an prolonged evaluation article from 2018 on whether or not the system for combatting it’s match for functions here.

Samuel March is a pupil at 5 Paper Buildings. He tweets at @Sam_Oscar_March