Cuckooing and Debt Bondage
A county lines operation typically involves a criminal network from an urban area establishing a phone line in a new area and advertising it to buyers, with runners dispatched to fulfil orders. The network often identifies a vulnerable person's property to use as a base — a practice known as cuckooing. The occupier may be threatened, coerced, or paid in drugs to allow their property to be used. Debt bondage is a common method of control: a real or perceived debt is created and the person is compelled to continue working for the network to service it. Those in lower tiers — runners and street dealers — are most frequently arrested and charged.
The Modern Slavery Defence — Section 45
Section 45 of the Modern Slavery Act 2015 provides a statutory defence to drug supply offences for individuals who committed those offences as a direct consequence of being a victim of slavery or relevant exploitation. For adults, the defence requires proof that they were compelled to commit the offence, that the compulsion was attributable to slavery or exploitation, and that a reasonable person in their situation would have had no realistic alternative. For those under 18, the defence is broader — a child who committed an offence as a direct or indirect consequence of being a victim of slavery or exploitation has a complete defence, regardless of whether a realistic alternative existed.
Establishing the Defence
Establishing the section 45 defence requires careful preparation and the gathering of evidence to support the account of exploitation. This may include evidence from the National Referral Mechanism (NRM), witness accounts, and any other corroborating material. Where a full defence cannot be established, evidence of exploitation remains highly relevant to sentencing and can result in a significantly reduced outcome even where a conviction follows.
Sentencing for County Lines Offences
Sentencing follows the Sentencing Council's Drug Offences Definitive Guideline. For an adult in a significant role engaged in street dealing of Class A drugs, the guideline sets a starting point of 4 years 6 months' custody. A leading role attracts a starting point of 8 years 6 months; a lesser role 3 years. Those convicted whilst under 18 are sentenced under the youth sentencing regime and face significantly different, and generally more lenient, consequences. Where exploitation, coercion, or modern slavery is established in mitigation, even adult defendants may avoid immediate custody in appropriate cases.
What to Do if You Are Under Investigation
If you or a family member has been arrested in connection with a county lines investigation, contact a solicitor immediately and do not answer police questions without legal advice. The circumstances of involvement — including any exploitation or coercion — need to be properly identified and recorded from the outset. This affects both the charging decision and the available defences. Where a young person or vulnerable individual has been arrested, the presence of a solicitor is particularly important.
