Human Trafficking, Slavery and Forced Labour

The Modern Slavery Act 2015 (“the 2015 Act”) consolidates existing offences of human trafficking and slavery and encompasses trafficking for all forms of exploitation. It came into force on 31 July 2015.

Human Trafficking

Definition

“Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control of another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or removal of organs.”

Legislation

Arranging or facilitating the travel of another person with a view to exploitation – Section 2 Modern Slavery Act 2015

  1. A person commits an offence if the person arranges or facilitates the travel of another person (V) with a view to V being exploited.
  2. It is irrelevant whether the victim consents to the travel (whether V is an adult or child).
  3. A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
  4. A person arranges or a person arranges or facilitates V’s travel with a view to V being exploited only if 
    1. the person intends to exploit V in any part of the world during or after travel; or
    2. the person knows or ought to know that another person is likely to exploit V in any part of the world during or after travel.
  5. Travel is defined as:
    1. Arriving in, or entering, any country
    2. Departing from any country, or
    3. Travelling within any country.
  6. A person who is a United Kingdom (UK) national commits an offence regardless of where the arranging or facilitating takes place, or where the travel takes place.
  7. A person who is not a UK national commits an offence if any part of the arranging or facilitating takes place in the UK, or the travel consists of arrival or entry into, departure from, or travel within the UK.

Section 3 defines the meaning of exploitation for the purposes of section 2. A person is exploited only if one or more of the following apply:

  1. Slavery servitude and forced or compulsory labour, where a person is the victim of an offence under section 1 Modern Slavery Act 2015
  2. Sexual exploitation, which involves the commission of an offence under
    • Section 1(1)(a) of the Protection of Children’s Act 1978 (indecent photographs of children), or
    • Part 1 Sexual Offences Act 2003

which would involve the commission of such an offence if it were done in England and Wales.

  1. Removal of organs in circumstances where a person is encouraged required or expected to do anything which involves the commission of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors).
  2. Securing services etc. by force, threats or deception, where the person is subjected to force, threats or deception designed to induce him or her – 
    1. to provide services of any kind,
    2. to provide another person with benefits of any kind, or
    3. to enable another person to acquire benefits of any kind.

Securing services etc. from children and vulnerable persons in circumstances where another person uses or attempts to use the person for a purpose within section (5) (a), (b) or (c), having chosen him or her for that purpose on the grounds that;

  • he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and
  • an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

Under sections 3(5) and 3(6) “benefits” is defined as any advantage derived by the trafficker, which could include financial gain, profit, personal benefit or privilege as well as state financial assistance.

This is an either-way offence and on summary conviction is subject to twelve months’ imprisonment and / or unlimited fine. On conviction on indictment, it is life imprisonment. The offence is also a “lifestyle offence” for the purposes of the Proceeds of Crime Act 2002. As the offence is likely to lead to a significant sentence on conviction all cases should be tried in the Crown Court.

Section 4 Modern Slavery Act 2015 – Committing an offence with intent to commit an offence under section 2 of the Act

Section 4 creates an offence of committing any offence with the intention to commit an offence of human trafficking under section 2. This includes an offence committed by aiding, abetting, counselling or procuring an offence under section 2. The offence will also capture activity such as supplying false documents to be used to facilitate trafficking. The offence is drawn widely enough to encompass any offence committed by aiding, abetting, counselling or procuring an offence of trafficking.

This is an either-way offence and on summary conviction is subject to twelve months’ imprisonment and / or unlimited fine. On conviction on indictment, the maximum sentence is ten years’ imprisonment. However, where the offence involves false imprisonment or kidnapping, it is life imprisonment.

Slavery, Servitude, Forced and Compulsory Labour

Section 1 Modern Slavery Act 2015

  1. A person commits an offence if:
    1. the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
    2. the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
  2. In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention (which prohibits a person from being held in slavery or servitude or being required to perform forced or compulsory labour).
  3. In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.
  4. For example, regards may be had – 
    1. to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;
    2. to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within s. 3(3) to (6) of the Act (for human trafficking for exploitation)
  5. The consent of a person (whether adult or child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude or required to perform forced or compulsory labour.

A person guilty of an offence under this section is liable: on summary conviction, to imprisonment for term not exceeding 12 months or a fine or both; and on conviction on indictment, to imprisonment for life.

In this section, “Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950. Article 4 states that no one shall be held in slavery or servitude and no one shall be required to perform forced or compulsory labour. The definition of each element of the offence is described below.

This offence can be used in cases where the victim has been exploited in accordance with the ECHR definition but was not trafficked, or the trafficking element cannot be proved to the criminal standard. The offence under s. 1 Modern Slavery Act 2015 has been extended to cover all forms of exploitation relevant to human trafficking.