“… on) trafficking victims. This obligation has been implemented through section 45 of the Modern Slavery Act 2015. As the Court of Appeal made clear in R v M(L) [2010] EWCA Crim 2327, Article 26 does not require Member States to refrain from prosecuting or punishing all victims of trafficking. At [13], Hughes LJ stated that:…”
“… prosecute or impose penalties” on such victims of trafficking [emphasis added in both cases]. But, as the Court of Appeal, Criminal Division, held in R v M(L) [2010] EWCA Crim 2327 (before the enactment of the Modern Slavery Act 2015) the Convention and Directive do not say that no trafficked victim should be prosecuted or subject to pena…”