When someone refers to ‘modern day slavery’, or a ‘modern slavery offence’, they would likely be referring to one of the three main modern slavery offences contained in the Modern Slavery Act 2015, which are as follows:
Section 1: Slavery, Servitude, and Forced or Compulsory Labour
Section 2: Human Trafficking
Section 4: Committing an offence with intent to commit an offence under section 2 (above).
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What Type of Offence is Modern Day Slavery?
All of the above offences are triable either-way, meaning if you are charged with one of them, you could face proceedings in either the Magistrates’ Court or the Crown Court.
All cases start in the magistrates’ court but if they decide they have sufficient powers to keep the case in the magistrates’ court, you would be given a choice as to where you would like your case dealt with. Read more about summary either way offences.
Modern Day Slavery Section 1: Slavery, Servitude and Forced or Compulsory Labour
For a conviction, the prosecution must prove that:
You held 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
You required 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.
The law does not define what ‘slavery’, ‘servitude’, or ‘forced or compulsory labour’. This will be determined by the facts of each and every case and the prosecutor will consider the circumstances, such as whether the person was a child or had any mental or physical illnesses which may make them more vulnerable.
Some examples of what might constitute an offence of this nature may include restricting someone’s movement, using violence or threats of violence against someone or their family if they do not do as they are instructed.
It is important to note that the consent of the person does not automatically mean that the person is not being held in slavery or servitude or that they were required to perform forced or compulsory labour.
Modern Day Slavery Section 2: Human Trafficking
Under section 2 of the Modern Slavery Act 2015, to be guilty of human trafficking the prosecution will need to prove:
That you arranged or facilitated the travel of another person, and
That you did this with the intention of exploiting that person, or
That you were aware that someone else was likely to exploit them either during or after their travel.
Arranging or facilitating someone’s travel can be done by recruiting, transporting, transferring, harbouring, receiving, or transferring or exchanging control of them.
The level of intention is such that you would need to have the intention of exploiting them in any part of the world either during or after the travel, or knowing that someone else was likely to exploit them during or after travel in any part of the world.
Exploitation is defined in section 3 of the Modern Slavery Act 2015.
A person is exploited only if one or more of the subsections to section 3 apply in relation to the person. They are as follows:
s.3(2) Slavery, servitude and forced or compulsory labour
s.3(3) Sexual exploitation
s.3(4) Removal of organs
s.3(5) Securing services etc by force, threats or deception
s.3(6) Securing services etc from children and vulnerable persons
No matter where the arranging, facilitating, or travel takes place, a UK national can still be guilty of an offence of human trafficking. If you are not a UK national, any part of the arranging or facilitating would need to take place in the UK, or the travel would have to include coming into going from, or travelling through the UK.
Much like the section 1 offence, the consent of the person is not relevant. Evidence of consent or lack thereof will not be a feature in a case of human trafficking.
Modern Day Slavery Section 4: Committing an offence with intent to commit an offence under section 2 of the Act
This offence is an either way offence to be dealt with in the magistrates’ court or the crown court. However, if it is committed by kidnap or false imprisonment, then it becomes an indictable only offence and can only be heard in the crown court.
This may sound confusing, but this simply means that if you commit an offence that is not human trafficking but is clearly in preparation to commit a human trafficking offence, you could be charged with committing an offence with intent to commit an offence under section 2 of this Act.
The elements that would need to be made out to constitute this offence are:
That you commit any offence, and
That you intended to arrange or facilitate the travel of another person with the intention of exploiting them or with the knowledge that another person was likely to exploit them.
An example of this is someone committing the offence of theft where a vehicle is stolen with the intention of committing a human trafficking offence. Or assaulting a person to enable them to be trafficked. Even if a person is not actually transported with the intention of exploiting them, if the prosecution can prove that there was an attempt to do so then this will be an offence.
Modern Day Slavery Defence
It is important to note that there is a section 45 defence – section 45 of the Modern Slavery Act 2015. This creates a defence for anyone who:
Is aged 18 or over;
Was compelled to commit a modern slavery offence;
The compulsion they faced made them a victim of slavery or exploitation; and
A reasonable person in the same situation would have no realistic alternative to doing that act.
What this means is, if a modern slavery offence is committed but the individual was actually subject to the modern slavery offence of another such that they themselves would be a victim, this would then provide a full defence to a charge under the Modern Slavery Act 2015.
Sentence For Modern Slavery
If you are convicted in relation to an offence under section 1 and/or section 2 of the Modern Slavery Act 2015, the maximum sentence the Court can impose is life imprisonment.
If convicted of an offence under section 4 of the Act, the maximum sentence the Court could impose is 10 years’ imprisonment, unless the offence was committed by kidnapping or false imprisonment. If this is the case then the Court could, as a maximum, impose a life sentence.
The Sentencing Guidelines Council has issued guidelines for sentencing for the offences. Guidelines on slavery, servitude and forced or compulsory labour and human trafficking and guidelines on committing an offence with intent to commit a human trafficking offence.
Slavery and Trafficking Prevention Orders (STPO’)
A Slavery and Trafficking Prevention Order (‘STPO’) is an order made by the Court to prevent those who have either been convicted or cautioned for a modern slavery offence from committing further offences of a similar nature where there is an increased risk of further offending.
They come in two forms: an STPO on conviction or a free-standing STPO on application.
STPO on Conviction
An STPO on conviction happens typically at the sentencing stage after an individual has been convicted of a modern slavery offence. The prosecution make an application to the Court. This then essentially gives the Court greater ability to place restrictions on individuals convicted of a modern slavery offence. This is designed to manage potential future risk of similar offending, even after a sentence has been served.
Free-standing STPO on Application
A free-standing STPO on application is where either the police, the National Crime Agency or immigration officers apply to either the Magistrates’ Court or the Youth Court for what is known as a free-standing STPO on application.
This can be done in relation to any person who has been convicted or cautioned for a modern slavery offence in the UK or a similar offence abroad where there is a risk that the individual may commit another modern slavery offence, and that an STPO is necessary to protect the general public from the risk of harm. This allows the Court to place restrictions on the individual.
Slavery and Trafficking Risk Order (‘STRO’
A Slavery and Trafficking Risk Order (‘STRO’) is similar to a Slavery and Trafficking Prevention Order, only an STRO can be made by a Court against someone who has not been convicted of a modern slavery offence. The police, the National Crime Agency, or immigration officers may apply to the Court for an STRO.
The Court must be satisfied that there is a risk of the individual committing a modern slavery offence and that an STRO is necessary to protect the public. They also give the Court power to place restrictions on individuals that the Court deems necessary.
The restrictions that the Court can impose are broad, essentially being any restriction that the Court deems necessary to protect the public from harm. This could include, for example, requiring the individual to provide their full name and address. They can prohibit individuals from taking up certain types of employment, for example, or working with children, or from travelling to certain countries.
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Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.