An Overlooked Distinction in the Modern Slavery Defence: ADG and BIJ v R [2023] EWCA Crim 1309.

The article discusses a case in which two appellants, who were 17 years old at the time of the appeal, were convicted of drug offenses and sentenced to Youth Rehabilitation Orders. They argued that they should be able to rely on the statutory defense provided in the Modern Slavery Act 2015, which states that a person under 18 does not commit an offense if they were a victim of slavery or exploitation and a reasonable person in the same situation would have done the same act. The trial judge incorrectly instructed the jury that compulsion needed to be established for the defense to apply. The Court of Appeal allowed the appeals and quashed the convictions, stating that the defense does not require compulsion. The article highlights the importance of correctly explaining the elements of the defense to the jury and suggests that closer attention should be paid to the wording of the statute and guidance provided. [Extracted from the article]