Section 45: The Child Statutory Defence — Victim First, Always
Section 45 of the Modern Slavery Act 2015 provides a statutory defence for children (under 18) who commit criminal offences as a direct consequence of being trafficked or exploited. This defence applies automatically to under-18s — the child does not need to rely on it or raise it themselves.
If you find indicators of modern slavery or trafficking in an under-18 in connection with any criminal offence (drug possession, drug supply, theft, weapon possession, immigration offences), you must:
- Treat the child as a victim of crime first, not a suspect
- Consider whether the s.45 defence applies before charging or cautioning
- Consult your CPS Charging Standards if in doubt — the burden is on the prosecution to disprove the defence beyond reasonable doubt
- Make an NRM referral regardless of whether criminal proceedings continue
- Document your safeguarding consideration in the case file — failure to do so can undermine any subsequent prosecution of the exploiter
Exploitation Types in Under-18s
| Type | Definition | Common Context |
|---|---|---|
| County Lines / CCE | Child used to transport, store, or supply controlled drugs for a criminal network | Found OT (out of town); unknown adults present; cuckooed address; drug paraphernalia |
| Sexual Exploitation (CSE) | Child receives something (gifts, money, status) in exchange for sexual activity, or is coerced into sexual acts | Relationship with older controlling partner; unknown adults; hotel or residential address; multiple mobile numbers |
| Forced Labour | Child compelled to work without adequate pay, under threat or duress | Car washes, cannabis farms, nail bars, food processing; child unable to speak freely; sleeping at worksite |
| Domestic Servitude | Child kept in a private household performing domestic tasks under coercion | Child not attending school; no documentation; not known to local agencies; carer controls all movement |
| Organ Harvesting / Benefit Fraud | Child used to claim fraudulent benefits or — in extreme cases — for organ trafficking | Rare but recorded; child with multiple addresses registered in their name; benefit payments to unknown accounts |
Physical Indicators
- Signs of physical abuse, restraint injuries, or burns — particularly if they predate current location of the child
- Malnourishment, dehydration, or extreme fatigue inconsistent with their stated lifestyle
- No personal belongings, or belongings that belong to others
- Wearing clothing inappropriate for the season (given no access to their own wardrobe)
- Evidence of branding — tattoos of names, barcodes, or symbols indicating "ownership" by an exploiter
- Multiple mobile phones — particularly if the child cannot explain why
- No identification documents, or documents held by a third party on their behalf
- Child shares the same phone number or address as several other potential victims known to intelligence
Behavioural Indicators
- Appears scripted, rehearsed, or coached when answering questions — gives inconsistent account under gentle follow-up
- Appears frightened, submissive, or avoids eye contact with adults accompanying them
- Reluctant to be separated from a controlling adult for welfare conversation
- Cannot confirm where they are staying or how they travelled to the current location
- Refers to a controlling figure by title ("the man", "my boss", "my Uncle") rather than by name
- Does not know what city they are in — particularly relevant when found OT on a county line
- Appears unfamiliar with the address or neighbourhood they claim to be visiting
- Expresses normalised acceptance of exploitation: "this is just how it is", "I owe them"
A child under 18 cannot consent to their own exploitation. Even if the child states they are "happy" in the situation, are "in a relationship" with the exploiter, or deny any exploitation is occurring, officers must still consider the s.45 defence and make an NRM referral where indicators are present. Grooming creates genuine emotional attachment — the child's stated wishes are not determinative.
NRM Referral — When to Trigger
The National Referral Mechanism (NRM) is the UK framework for identifying victims of modern slavery and trafficking. Police officers are designated First Responders and can make referrals directly. For under-18s, referral should be made where there are reasonable grounds to suspect that the child may be a victim — the threshold is low and deliberately so.
Referral triggers — any one of these is sufficient
- Child found at a cuckooed address with unknown adults
- Child found OT (another force area) without satisfactory explanation
- Child found with controlled drugs, cash, or multiple phones with no credible explanation
- Child reports working without pay, sleeping at worksite, or unable to leave
- Child found at cannabis farm or suspected forced labour premises
- Child has physical injury indicators consistent with abuse or restraint
- Intelligence suggests child has been transported by an organised criminal network
- Child has been reported missing on more than one occasion
How to make a referral
- Online: Submit via the Home Office NRM online referral portal (modernslavery.gov.uk)
- Phone: Modern Slavery Helpline — 08000 121 700 (24/7)
- Urgent: Contact the Single Competent Authority (SCA) through your force's Modern Slavery SPoC for urgent decisions
- The NRM referral runs alongside — not instead of — your MASH referral and intelligence submission