Deprivation of liberty Flashcards
False imprisonment
Common law
Indictable
It is an offence to falsely imprison another person.
Unlawful and intentional/reckless restraint of a person’s freedom of movement.
E.g. locking someone in a car.
An unlawful arrest could amount to this.
A person could detain someone in his house who he believed to be a burglar as long as he honestly believed he needed to detain the suspect and did so in a way that was reasonable.
Kidnap
Common law
Indictable
It is an offence to take or carry away another person without their consent and without lawful excuse.
Unlawful taking/carrying away of a person by another by force or fraud.
This goes beyond just restraint as for false imprisonment.
Taking or carrying away - a short distance will suffice
If V initially consents then withdraws consent, offence would be complete once consent withdrawn.
Causing a person to move from place to place unaccompanied by D does not amount to taking/carrying away or deprivation of liberty so not kidnap.
Mens rea - unlawful and intentional/reckless restraint of a person’s freedom of movement - same as false imprisonment.
Holding someone in slavery, servitude or forcing them into labour - s1
s1 Modern Slavery Act 2015
Either way
It is an offence if D holds another in slavery or servitude and the circumstances are such that D knows or ought to know the other is held in slavery or servitude, or
D requires another to perform forced or compulsory labour and the circumstances are such that D knows or ought to know the other is being required to perform forced or compulsory labour.
Offence as it contravenes art 4 ECHR - no one shall be held in slavery or servitude or required to do forced labour.
Does not include court unpaid work or work in prison.
Will look at all the circumstances
Will consider vulnerabilities of the V e.g. age, illness.
Forced labour can cover a variety of exploitation e.g. begging, pick-pocket.
Consent of V does not mean that they are not being held in slavery, servitude or that labour is not forced - as its not true consent.
Human trafficking - s2
s2 Modern Slavery Act 2015
Either way
D commits offence if he arranges or facilitates the travel of another person with a view to V being exploited.
Vs consent is irrelevant.
UK national commits this offence regardless of where in the world any elements occur.
Must prove D intended to exploit V during/after the travel or D knew/ought to have known that another was likely to exploit V during/after the travel.
Arranging/facilitating - includes recruiting, transporting, transferring, harbouring, exchanging control of or receiving V.
Travel - distance not defined, could be one house to another in same town.
Exploitation - slavery, servitude, forced labour, sexual exploitation, organ trafficking.
Committing an offence with intent to commit an offence under s2 - s4
A person commits an offence under s4 if they commit any offence with the intention of committing an offence under s2
Including an offence committed by aiding and abetting under s2.
s4 offence is either way
Detention of land vehicle, ship or aircraft - s12
A constable may detain any land vehicle, ship or aircraft following a person being arrested for an offence under s2.
Can be kept until a charging decision is made.
Forfeiture of a land vehicle, ship or aircraft - s11
After being detained, if there are reasonable grounds, it could be forfeited under s11.
This is because it is proceeds of crime and this helps remove their way of trafficking people.
Slavery and Trafficking Prevention Order (STPO)
These can prohibit the person from doing anything described in it
e.g. working with children, going to a location, travelling outside UK
Usually lasts for 5 years
s14 - order made on conviction for a slavery/human trafficking offence
s15 - order made on application to magistrates by a chief police officer (CC) for a relevant offender who has acted in a way that demonstrates there is a risk they will commit a slavery/human trafficking offence. (can provide an interim STPO for mean time if just to do so).
Relevant offender - a person convicted or cautioned for a slavery or human trafficking offence in UK or convicted for similar offence outside of UK.
Allows court to impose prohibitions on those involved but not convicted to prevent offences and safeguard potential victims.
Offence to breach any prohibition - s30 (either way)
Slavery and Trafficking Risk Order (STRO) - s23
May prohibit the person from doing anything described in it, same as STPO.
Order made on application by CC
Court must be satisfied there is a risk D may commit a slavery/human trafficking offence and it is necessary to make a STRO for purpose of protecting persons from harm likely to occur if D committed such an offence.
D does not have to be convicted or cautioned. If they have been you would apply for a STPO.
Can be issued against adult or person under 18.
Offence to breach any prohibition - s30 (either way)
Slavery and Trafficking Risk Order (STRO) - s23
Order made on application by CC
Court must be satisfied there is a risk D may commit a slavery/human trafficking offence and it is necessary to make a STRO for purpose of protecting persons from harm likely to occur if D committed such an offence.
D does not have to be convicted or cautioned. If they have been you would apply for a STPO.
Can be issued against adult or person under 18.
