Considering the admissibility of the Single Competent Authority's decision at trial
Where a Defendant is relying on the modern slavery defence under s.45 Modern Slavery Act 2015 (“MSA”) one frequent issue between Prosecution and Defence is whether a decision by the Single Competent Authority (“SCA”) that a Defendant is a victim of modern slavery on the balance of probabilities is admissible at trial. This is so particularly following R v DS [2020] EWCA Crim 285, which ruled that a decision to prosecute an individual despite a positive finding by the SCA is not an abuse of process due to the availability of s.45 MSA. The case of DPP v M [2020] EWHC 3422 (Admin) provides much needed clarification, although leaves some questions unanswered.
Nadesh Karu explores the admissibility of the Single Competent Authority's decision at trial in his Case Comment which can be accessed here.
Nadesh Karu