Modern slavery and human trafficking

Sadly, modern slavery and human trafficking are phrases we hear far too often.

Whether it’s sex slaves in brothels, cannabis gardeners, car wash or nail bar workers, such criminality is on the rise and very much in our collective consciousness.

Criminal gangs target the most vulnerable and exploit individuals, often those persecuted or escaping war-torn countries, in search of safety and/or a better life.

The Modern Slavery Act 2015 (MSA) created three specific categories of offence:

Section 1 – Slavery, servitude and forced or compulsory labour
Section 2 – Human trafficking
Section 4 – Committing an offence with the intent of committing a human trafficking offence

Section 45 of the MSA 2015 provides a limited statutory defence recognising that victims of modern slavery, both adults and youths, commit offences largely due to their unfortunate circumstances.

Determining whether an individual is held in slavery, servitude or required to perform forced or compulsory labour can be a challenging exercise, sometimes requiring expert evidence.

Determining if such an individual has a statutory defence or simply powerful mitigation, again, can be a challenging exercise and often a lengthy process. Also, the process involved and the criteria applied is different for those under 18.

If a defence falls short of the statutory criteria, a guilty plea(s) might then be forthcoming.

On indictment, offences committed under sections 1 and 2 of the MSA 2015 carry a maximum sentence of life imprisonment.

Sentencing such offenders is still, however, complex.

Much will depend on the status of the offender and the offence(s) committed. For example, trafficking vulnerable adults to grow cannabis will be considered less serious than trafficking teenage girls for sex.

Within the PDS, several of our advocates are experienced in defending individuals who might have a statutory defence or just fall short of such. As a result, they have developed a high level of skill and expertise in this complex area of law, which is increasingly technical.

If you or someone you know is currently facing criminal investigation or proceedings concerning are facing prosecution, a statutory defence might exist. Please contact the PDS in confidence for an early consultation.