Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to ensure victims and survivors of human trafficking and modern slavery criminalised as a result of exploitation are not deported.

We want to ensure that all victims of modern slavery, regardless of nationality or residency status, are quickly identified and can access support through the National Referral Mechanism (NRM), which is the UK’s system for identifying and supporting victims of modern slavery and human trafficking.

Section 45 of the Modern Slavery Act 2015 (MSA 2015) provides a statutory defence against prosecution for victims of modern slavery who were compelled to carry out criminal offences as a result of their exploitation (adults); or committed offences as a direct consequence of being a victim of modern slavery (children). Schedule 4 to the MSA 2015 contains a list of serious offences to which the section 45 defence does not apply. The list includes the most serious crimes such as sexual offences, some terrorism offences, modern slavery offences and serious violence offences. In cases where the section 45 defence does not apply, prosecutors can take into account other non-punishment principles, such as duress and the public interest test when determining whether to pursue charges against an individual.

Potential victims are entitled to a recovery period in the National Referral Mechanism, unless disqualified on grounds of public order or bad faith. This recovery period protects individuals (who have a Reasonable Grounds decision) from potential removal from the UK for a minimum of 30 days, or until a Conclusive Grounds decision is made on their case, whichever is the longer.

The Nationalities and Borders Act 2022 set the threshold for Public Order Disqualification (POD) on grounds including criminality and national security threats. POD decisions require a balancing of public order risk against the individual’s need for modern slavery specific support, taking account of factors such as relevant convictions and potential exploitation linked to those offences. Decision-making on POD is currently paused.

Adult and child victims of modern slavery with a Conclusive Grounds decision, and where applicable their dependent children, may be considered for Temporary Permission to Stay (TPS) in the UK if they do not already have status in the UK. Individuals granted TPS may still apply for a more advantageous form of leave if eligible. TPS does not lead to settlement in the UK.