Deprivation of Liberty Flashcards
False Imprisonment - Common Law
indict - unlim max penalty
offence at common law to falsely imprison another
unlawful and intentional/reckless restraint of persons movements.
Incl making them remain in specific spot
householder defence to detain burglar if honest held belief that person was a burglar.
Kidnapping - common law
ind - unlim max penalty
offence to take or carry away w/out consent of the person or w/out lawful excuse
use o.f force OR fraud. Threat of force
Taking or carrying away can be short distance. Parents acting in breach of court order are acting unlawfully.
IP can withdraw consent and offence complete
If def induces person to move about country under fraudulent circs (but does not physically accompany them) offence NOT made out
Modern Slavery Act 2015 s.1 - Slavery, servitude and force or compulsory labour
e/w - life / 6 mths / fine
- holds another in slavery or servitude and circs that def ought to/know person held in slavery/servitude
- requires another to perform forced or compulsory labour and circs are that def ought to/know this
KIV vulnerabilities of IP are considered.
s2 MSA 2015 - Human Trafficking
e/w life / 6 mths / fine
- arranges/facilitates travel of IP with view to exploit IP
- IP’s consent to travel is irrelevant
- intends to/ought to know IP to be exploited in any part world during/after travel
- UK national commits offence anywhere
- Non UK national commits offence arrangements/travel are within UK.
Exploitation incl force, threats, deception designed to induce IP to
- provide services
- provide benefits
- enable another to provide benefits
Activities d/not need to be criminal offences.
s4 MSA 2015 - Commit offence with intent to commit offence under s2
e/w 10 yrs / 6 mths / fine
if kidnap or false imprison = life
commit offence, aid, abet, counsel, procure with intent to commit s2 offence.
s11 MSA 2015 - Forfeiture Land vehicle, ship, aircraft
If convicted on indictment under s2.
s12 MSA 2015 - Detention of Land vehicle, ship, aircraft
If arrested for s2 offence
Prevention Orders
Slavery and Trafficking Prev Order on sentencing s14.
