An Introduction to Section 45 Modern Slavery Act Defences - Live at Your Desk

Introduction

This live broadcast session will look at the modern slavery defences.

This updated course will look at the issues of how to prove the defence, which will involve sharing information with the prosecution. This makes the s 45 defence unusual in this respect and leads to difficult issues over confidentiality and privilege for defence lawyers.

For prosecutors, this may be a source of evidence when seeking to rebut the defence.

We will take into account both the new Attorney General’s Guidelines on Disclosure ( 31/12/20) and recent case law from both the Court of Appeal and Administrative Court on the vexed question as to whether an NRM is admissible at trial.

Where the Police, Crime, Sentencing & Courts Act 2022 or the Judicial Review & Courts Act 2022 have implemented changes to legislation, the course will include these updates where relevant to subject matter.

Now updated to include changes to the Criminal Procedure Rules and the Criminal Practice Directions 2023.

What You Will Learn

This live and interactive broadcast will cover the following:

• What is modern slavery?
• What are the defences?
• What burden of proof is placed upon the Defendant?
• How will you prove your defence?
• Duress as an alternative
• What are the options for prosecutors where the defence is raised?
• How do you disprove the defence?
• Evidential issues for both sides, including the admissibility of the NRM
• Experts - limits on admissibility and weight
• Disclosure issues including disclosure management and pre-charge engagement
• Why abuse of process is not a way forward
• Practical matters - obtaining the NRM
• Which professionals are involved besides the lawyers?
• Confidentiality, privilege and admissibility of shared information
• Is your defence really mitigation?
• Case management- what the court expects from all participants

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.