105
It also mandates that, unless there are ‘compelling circumstances’, non- British victims would be disqualified...
Conclusion
It also mandates that, unless there are ‘compelling circumstances’, non- British victims would be disqualified from protection if they have been sentenced to a period of imprisonment of any length. They will be denied a recovery and reflection period and denied limited leave to remain in the UK, and may therefore be removed from the UK. This significantly broadens the list of circumstances in which a victim of modern slavery would be treated as a threat to public order to include cases where the person has been sentenced to imprisonment regardless of the seriousness of their offence or the length of imprisonment. It would therefore exclude from protection victims compelled to commit criminal offences by their traffickers who are prosecuted and convicted due to their lack of knowledge of the availability of the defence from section 45 of the Modern Slavery Act 2015, as well as those victims convicted for immigration related offences. The previous Committee concluded that these provisions run counter to the UK’s obligations under ECAT and Article 4 ECHR.140
Source
Committee
Human Rights (Joint Committee)
Report
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
20 Jun 2025
HC 789
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.0 yr
Report published
20 Jun 2025