Deprivation of liberty

Question 1

What is article 4 of HRA?

Answer 1

Prohibition of slavery and forced labour.

Question 2

What are the four exclusions of forced labour?

Answer 2

1. Work in detention (or conditional release detention)
2. Military service (or objectors to military service)
3. Service extracted due to emergency which threatens life or wellbeing of a community
4. Any work that forms normal civic obligations

Question 3

What is offence 1?

Answer 3

For a person to hold another person in slavery or servitude, and the circumstances are such that the offender knows or ought to know the victim was held in slavery or servitude

Question 4

What is offence 2?

Answer 4

Where the person requires another person to perform forced labour, or compulsory labour and the circumstances of such are that the offender knows or ought to know the victim is required to perform forced labour or compulsory labour.

Question 5

Is the consent of the victim a defence?

Answer 5

No.

Question 6

For human trafficking to be committed, when must the offender intend for the victim to be exploited?

Answer 6

Either during their travel or after their travel.

Question 7

Does someone have to be actually exploited to commit human trafficking?

Answer 7

No - it is an intent offence.