MK v R [2018] EWCA Crim 667 (28 March 2018)

MK v R [2018] EWCA Crim 667 (28 March 2018)

Section 45 of the Modern Slavery Act 2015 does not impose a legal or persuasive burden of proof on the defendant for any element of the statutory defence. The defendant bears only an evidential burden to raise the defence, and the prosecution must disprove one or more elements to the criminal standard. This interpretation aligns with the statutory language, the purpose of the Act, and the UK's international obligations to protect victims of trafficking and slavery.

Citation
[2018] EWCA Crim 667
Parties
Appellant: MK; Respondent: Regina; Appellant: Persida Gega (a.k.a. Anna Maione)
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal From Conviction and Sentence
Outcome
MK: conviction quashed, retrial ordered; Gega: conviction upheld, appeal dismissed
Legal Topics
Burden of Proof, Statutory Defences, Modern Slavery, Trafficking, Reverse Onus, Duress, Evidential Burden, Persuasive Burden
Criminal Law Human Rights Burden of Proof Statutory Defences Modern Slavery Trafficking Reverse Onus Duress +2 more

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Parties

MK

Appellant

Regina

Respondent

Persida Gega (a.k.a. Anna Maione)

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Does section 45 of the Modern Slavery Act 2015 impose a legal (persuasive) or evidential burden of proof on the defendant when raising the statutory defence for victims of slavery or trafficking?
  2. 2 Who bears the burden of proof regarding the elements of the section 45 defence, including age, compulsion, and causation?

Ratio Decidendi

Section 45 of the Modern Slavery Act 2015 does not impose a legal or persuasive burden of proof on the defendant for any element of the statutory defence. The defendant bears only an evidential burden to raise the defence, and the prosecution must disprove one or more elements to the criminal standard. This interpretation aligns with the statutory language, the purpose of the Act, and the UK's international obligations to protect victims of trafficking and slavery.

Court Disposition

MK: conviction quashed, retrial ordered; Gega: conviction upheld, appeal dismissed

Orders

  • Leave to appeal granted for both appellants.
  • MK: Appeal allowed, conviction quashed, retrial ordered.