Human Trafficking & Modern Day Slavery

If you are charged with an offence under the Modern Slavery Act, we can support you through every stage of a prosecution, giving you the best chance of securing a favourable outcome.

Definition of Modern Day slavery

An offence is committed if:

A person holds another individual in slavery or servitude, and the circumstances indicate that the person either knows or should know that the other individual is being held in such conditions.
A person compels another individual to engage in forced or compulsory labor, and the circumstances indicate that the person either knows or should know that the other individual is being coerced into such labor.

What offences are there under the Modern Slavery Act 2015?

Slavery, servitude and forced or compulsory labour

This is where:

A person is held in slavery or servitude by another person or persons
The victim is required to perform forced or compulsory labour
That the alleged offenders know or ought to know that the victim is being held in slavery or servitude and is being forced or compelled to perform labour

Human Trafficking

This is where:

Someone arranges or facilitates the travel of another person with the intent for that other person to be exploited
The victim may or may not have consented to the travel
The travel can be within a country or between countries

Examples of slavery and human trafficking offences

Prostitution – This concerns prostitution or forms of sexual exploitation. Women or young persons can be lured, often abroad, by the false promise of wealth and a better life.
Slavery or similar practices – People are moved from place to place and can sometimes be drugged to control them. Victims can be forced to call their family to send cash to secure their freedom; this can then be confiscated by gangs.
Forced labour, labour exploitation, or forced services – This can be linked to a debt to the trafficker and involves work in the construction, service, agriculture or entertainment services.
Servitude – When people are made to provide domestic work either through direct force or coercion by other means.
Smuggling migrants into the UK – Migrants can be illegally smuggled into the UK in vehicles such as aircraft or boats.

What to do if you are arrested for a modern slavery or human trafficking allegation

If you find yourself arrested in connection to a modern slavery offence, it’s crucial to uphold your legal rights to safeguard your defence. Any missteps during a police interview can have significant repercussions down the line. Here are key points to bear in mind when interacting with law enforcement officers from the police or the National Crime Agency:

**Right to Silence**: You are not obligated to answer any questions posed by the police. Whether to engage in questioning depends on a comprehensive understanding of your case and the workings of the criminal justice system. Seek legal advice before providing any statements.
**Presence of Solicitor**: It’s imperative never to respond to police inquiries without the presence of a solicitor. You have the right to free legal representation and can either utilise the duty solicitor provided or opt for your own lawyer.
**Cautionary Statement**: Upon arrest, the arresting officer must inform you of the specific offenses you’re accused of and caution you using the following words: “You do not have to say anything. But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.”

After undergoing a police interview for an offence under the Modern Slavery Act 2015, several outcomes are possible, including:

Release with no further action
Release under investigation
Detention in custody
Charging with a specific offence

If charged under the Modern Slavery Act 2015:

A hearing date will be scheduled.
You may either be released on bail or kept in custody until the court hearing.

Even if released with no further action or under investigation, it’s essential to recognise the possibility of rearrest or summons to attend a court hearing at any time.

Penalties for Modern Slavery Act offences

The sentencing for a modern slavery offense varies depending on the specifics of the case. For instance, trafficking individuals for sexual exploitation could result in a sentence of up to 14 years’ custody upon conviction.

Several factors influence the exact sentence for a modern slavery offence, including:

The number of victims involved
Whether the victims were under 18 years old
The nature and extent of exploitation
Duration of the exploitation
Whether victims were abducted
The use of violence or threats
Whether victims endured sustained and systematic psychological abuse

Furthermore, the defendant’s level of culpability plays a crucial role, such as:

Directing or organising a modern slavery or human trafficking operation on a significant commercial scale
Holding an operational or managerial role within such an operation
Having a limited role in the operation under the direction of others

Ultimately, the court considers these factors and the severity of the offence to determine an appropriate sentence upon conviction.

What defences are there against a modern slavery or human trafficking allegation?

In navigating a modern slavery accusation, your defence strategies hinge entirely on the specifics of your circumstances. Therefore, it’s imperative to reach out to our specialised criminal defence solicitors without delay. By promptly engaging with us, we can thoroughly assess your situation, scrutinise the evidence against you, and formulate a tailored defence strategy aimed at securing the most favourable outcome for your case.

It’s essential to recognise that a modern slavery allegation, like any criminal accusation, may indeed be unfounded. It’s plausible that a property or business under your ownership could be linked to the offence without your awareness or reasonable knowledge. In such instances, our approach involves meticulously examining all facets of the prosecution’s case and unearthing any pertinent evidence to establish your lack of involvement in the alleged offence.

Should you acknowledge some level of involvement in the offence, we explore avenues such as assessing whether you played only a minor role or were coerced into participation. Evidence like text messages, emails, and other forms of communication, along with witness testimony, often holds significant weight in bolstering your defence under these circumstances.

Regardless of your circumstances, our adept criminal defence solicitors possess the specialised knowledge and experience requisite for handling the intricacies of these charges. We are committed to ensuring that you receive the most robust defence possible at every juncture of the legal proceedings.