The Modern Slavery Act - Retrospective Effect?


R v CS [2021] EWCA Crim 134; [2021] 2 WLUK 68


In a case presided over by Thirlwall LJ; Holgate and Johnson JJ, Ben, leading Andrew Johnson, argued that The Modern Slavery Act 2015 s.45 did not have retrospective effect.


There was no factor which positively indicated that Parliament intended the defence under s.45 to be available in respect of offences committed by victims of trafficking before the Act came into force. 


The Court agreed.  This case defined the offences to which s.45 applied by reference to the date of the criminal act.