Facts. Minh, 19, was brought to the UK owing a debt. He is locked in a house tending hundreds of plants and is found during a raid.
What the law says. Commercial scale means Category 2 (or 1) harm. But Minh fits the lesser role: "Performs a limited function under direction", "Engaged by pressure, coercion, intimidation", "Very little, if any, awareness... of scale".[1] For an adult, the s.45 MSA defence needs compulsion attributable to slavery or exploitation and that a reasonable person in the same situation would have had "no realistic alternative". The CPS must consider the non-punishment principle and the National Referral Mechanism.
| If… | Then… |
|---|---|
| Exploitation identified, NRM positive | Possible no prosecution or s.45 defence |
| Prosecuted, lesser role, Cat 2 | Starting point 1 year's custody (26 weeks–3 years) |
| Evidence he managed others or shared profits | Significant role, 4 years' starting point |
Help. Modern Slavery Helpline (08000 121 700); Salvation Army; immigration solicitor.