273. Duty not to punish victims of trafficking for their involvement in unlawful activities.

The United Kingdom is required (and has legislated)1 to provide for the possibility of not punishing victims of trafficking for their involvement in unlawful activities where that involvement has been compelled, and the following principles in this regard have been established:

  1.  

    (1)     the principle2 of not punishing victims of trafficking is directed at the sentencing decision rather than the decision to prosecute: there should be the possibility of not imposing penalties where the victims of trafficking have been compelled to participate, but in circumstances in which the defence of duress is not available3;

  2.  

    (2)     the principle does not require