Problems of evidence law in trials for human trafficking.

What is it about?

Offences of human trafficking are notoriously difficult to prosecute. We consider whether there are aspects of the law of evidence which could be changed to make prosecutions easier, without endangering the right to a fair trial. In some recent cases the courts have stretched the law in favour of the alleged victim, arguably risking unfairness to defendants. We argue, however, that a flexible interpretation of the law on hearsay could help in bringing prosecutions without the alleged victim having to attend court.

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Why is it important?

This is the most detailed analysis available of the way the law of evidence in England and Wales applies to human trafficking. It is also a case study of the wider issue of how the law of evidence can be made as "victim-friendly" as possible without infringing the defendant's right to a fair trial.

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