This year marks 10 years since the Modern Slavery Act was introduced, yet many victim/survivors are still being punished by the very systems meant to protect them. A new briefing by Hibiscus and After Exploitation shows how victim/survivors of modern slavery including trafficking, forced labour and sexual exploitation continue to be arrested, imprisoned and deported.

Forced to commit crimes

Victim/survivors often face arrest for crimes they were forced to commit, like drug offences or theft. Even those who were not involved in criminal activity during their exploitation face risks—for example, those who experienced sexual exploitation may still be arrested for sex work. Others are criminalised for actions linked to the same vulnerabilities that led to their exploitation such as poverty, abuse, or insecure immigration status.

Statistics

Between March 2023 and June 2024, at least 368 people in prison were identified as victim/survivors of modern slavery, many for offences directly connected to their exploitation.

The Modern Slavery Act introduced Section 45, which is meant to protect victim/survivors from being prosecuted if they committed a crime under threat or because of their exploitation. In reality, this legal protection is rarely used. Over 100 crimes are excluded from the defence, including many that victim/survivors are commonly forced into such as drug offences. This issue is compounded by a lack of training amongst professionals who come into contact with victim/survivors including police officers, lawyers and judges. There’s no public data on how often the defence is used or if it works, making it difficult to monitor its impact.

Victim/survivors are also denied protection under new immigration rules. The Nationality and Borders Act introduced the Public Order Disqualification, which blocks people with criminal records from receiving support through the National Referral Mechanism — the UK’s main process for identifying and supporting trafficking victims. In 2023, over 440 potential victims were denied support because of this policy.

Racial disparity

The criminalisation of victim/survivors is not equal. Black, minoritised and migrant women are disproportionately targeted by the criminal justice system, with Black women more likely to be arrested than white women but less likely to receive victim support. Many women in prison were coerced into drug importation due to poverty and exploitation, yet courts rarely recognise this as mitigating factor. In prison, these women face racism, isolation and poor mental health support. Some victim/survivors have reported suicide attempts and serious neglect while in custody. Their experiences show that prisons are not safe or supportive environments for people trying to recover from exploitation.

Recommendations

The briefing makes five key recommendations:

1. Sentencing frameworks: It is important that we recognise victim/survivors’ vulnerabilities, including race, gender and immigration status. Pre-sentence reports should be utilised in the courts before forming an opinion of a sentence to ensure informed and equitable sentencing decisions.
2. Sentencing practices: We must move away from custodial sentencing as a default response. Community-based options are safer and more appropriate for survivors of exploitation.
3. Safe Reporting: Victim/survivors must be able to report crimes safely, without fear of deportation or further punishment.
4. Prevention: Specialist support services like Hibiscus understand the needs of victim/survivors. They require long-term funding to continue to support survivors through recovery and justice. Criminal justice agencies must also improve training for professionals coming into contact with victim/survivors including the police, lawyers, judges, magistrates, and prison staff.
5. Data Collection: The government must publish better data, including on the use of Section 45 and outcomes for victim/survivors in the criminal justice system.