Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Theft definition

What does Theft mean? In practice, theft describes the criminal taking or assumption of another’s property with the purpose of keeping it. In England and Wales (Theft Act 1968, s 1) and Northern Ireland (Theft Act (Northern Ireland) 1969, s 1), the offence is committed where a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Subsequent provisions define key elements, including “appropriation” (assumption of any owner’s rights, which can occur even with consent), “property” (money, personal property and things in action, with limited exceptions), and intention to permanently deprive (including treating property...

Trafficked victims as defendants in criminal proceedings: MSA 2015 s 45 defence, duress, CPS guidance, NRM, abuse of process, appeals and charging decisions (England and Wales)

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Practice notes

Practice Note

This Practice Note outlines the key considerations when dealing with cases that involve trafficked victims from both a prosecutorial and defence perspective. It identifies the statutory defences available under the Modern Slavery Act 2015 (MSA 2015) for trafficked persons charged with criminal conduct. It reviews the Crown Prosecution Service (CPS) guidance for prosecutors on handling suspects who may have been trafficked, encompassing the common law defence of duress and the protection afforded by MSA 2015, s 45. The Note addresses charging decisions made under that guidance, together with the National Referral Mechanism (NRM) process for assessing and reassessing an individual’s trafficking status, and considers the position where someone becomes a victim after prosecution proceedings have begun or asserts victim status following conviction. It also examines applications to stay proceedings as an abuse of process on the basis that the defendant is a victim of trafficking. Finally, it deals with challenges to determinations made by the Competent Authority concerning whether a person has been trafficked in the particular case at issue...

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Web page updated on 22/05/2026

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