UNICEF’s report Victim, Not Criminal analyses the current legal framework concerning non-punishment of child victims of human trafficking involved in forced criminality. The report critiques the implementation of the Section 45 slavery defence and provides recommendations for change. Key recommendations include:
- The reasonable person test relating to the statutory defence in Section 45 of the Modern Slavery Act should no longer apply to children
- Mechanisms are put in place by the prosecuting agencies and government to properly monitor the implementation of the non-punishment principle across the UK
- Further training and awareness-raising is made available for police, prosecutors, judges, legal representatives and relevant practitioners on the protections from prosecution available for trafficked children.