The National Referral Mechanism (NRM) – What Is It And How Does It Work?
The National Referral Mechanism (NRM) is a system used to identify and support victims of modern slavery and human trafficking.
Modern slavery is a serious crime where people are controlled and exploited. Victims may suffer threats, violence, sexual exploitation or other abuse. It can be difficult to identify modern slavery because victims may not realise they have been exploited or may be too scared to speak about it.
Sometimes, victims commit crimes because of their exploitation and become involved in the criminal justice system.
The Modern Slavery Act 2015 introduced Section 45, which gives some victims a defence against criminal charges if they committed an offence because they were being exploited.
The police, local authorities, some charities and government organisations can refer someone to the NRM if they think they may be a victim. Lawyers can also raise concerns about possible victims.
The case is then considered by the Single Competent Authority (SCA), which is part of the Home Office.
The SCA makes two decisions:
- Reasonable Grounds Decision (RGD): There is a reason to believe the person may be a victim.
- Conclusive Grounds Decision (CGD): The final decision on whether the person is a victim.
A positive CGD means the SCA has decided that the person is a victim of trafficking and can help someone who is facing criminal charges.
The police or Crown Prosecution Service (CPS) may decide not to continue with the case.
If the case does continue, the positive CGD may help the victim use the Section 45 defence.
The defence may also argue that it would be unfair for the prosecution to continue. This is called an abuse of process.
In the case of R v Brecani [2021] EWCA Crim 731 and R v AAD, AAH and AAI [2022] EWCA Crim 106, the Court of Appeal decided that a positive CGD cannot be used as expert evidence in a criminal trial.
This means an expert cannot simply tell the jury that they believe someone was vulnerable, that their story is believable, or that they were trafficked.
This has made it harder for victims to rely on a positive CGD during a trial.
However, the NRM remains important. It helps identify victims, provides support and may help prevent victims from being wrongly prosecuted for crimes linked to their exploitation.
Victims can also receive legal, psychological and practical support through the NRM.
Our Criminal Defence team advises on a range of offences. If your matter requires attendance at a police station or court, we’ll guide and represent you through the entire process. We encourage anyone seeking legal advice in this area to contact our team on 0330 822 3451 or request a callback.