Human Trafficking Flashcards
Q: What is the offence of human trafficking?
S2 Modern Slavery Act 2015
(1) A person commits an offence if the person arranges or facilitates the travel of another person (‘V’) with a view to V being exploited.
(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child).
(3) A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
(4) A person arranges or facilitates V’s travel with a view to V being exploited only if—
(a) the person intends to exploit V (in any part of the world) during or after the travel, or
(b) the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel
Q: Summary of human trafficking offence
Someone who arranges or facilitates the travel of another for the purpose of their exploitation either intending that exploitation to occur or know or in the circumstances they ought to know that the exploitation of the victim is likely to occur.
Q: What type of offence is it?
Triable either way
Life imprisonment on indictment
Q: What does ‘travel’ include?
S2(5)
‘Travel’ means-
(a) arriving in, or entering, any country,
(b) departing from any country,
(c) travelling within any country.
Q: What happens if the arranging or facilitating takes place abroad?
S2(6)
A person who is a UK national commits an offence under this section regardless of—
(a) where the arranging or facilitating takes place, or
(b) where the travel takes place.
Q: When does a non-UK national commit this offence?
S2(7) A person who is not a UK national commits an offence under this section if—
(a) any part of the arranging or facilitating takes place in the United Kingdom, or
(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom
Q: Summary: UK national and foreigners
If the offender is British, it does not matter where the offence occurs.
Foreign citizens would only be guilty under our law if any part of the behaviour occurs somewhere in the UK.
Q: What does ‘exploitation’ mean in this context?
S3 covers meaning of exploitation and covers exploitation of any kind (not just behaviour with a sexual element). It therefore includes slavery, servitude and forced or compulsory labour.
Q: Does exploitation include sexual exploitation?
S3(3)
Sets out that exploitation includes sexual exploitation by reference to conduct which would constitute the commission of an offence of taking, or permitting to take, indecent photographs of children or any of the sexual offences provided for in part 1 of the SOA 2003 (these include offences relating to rape, sexual assault, prostitution and child pornography).
Q: Does exploitation include exploitation in the context of trafficking for organ removal or for the sale of human tissue?
YES includes offences in Human Tissue Act 2004. Equivalent conduct outside England and Wales is within the definition (s3(4))
Q: What other forms of exploitation does it include?
s3(5) states that exploitation also includes all other types of exploitation where a person is subject to force, threats or deception which is designed to induce him/her:
(a) to provide services of any kind;
(b) to provide a person with benefits of any kind; or
(c) to enable another person to acquire benefits of any kind
Q: How does s3(6) broaden the type of exploitation described in s3(5) to protect the vulnerable?
It doesn’t matter that the behaviour the victim is forced into is itself criminal. It includes where a person used (or there is an attempt to use the person) to do something for such a purpose, having been chosen on the grounds that he/she is a child, is ill, disabled or related to a person, in circumstances where a person without the illness, disability or family relationship would be likely to refused to do what was required of them.
This is about protecting the vulnerable/those less able to defend themselves.
Q: When does a person commit an offence with intent to commit an offence under s2?
S4 Modern Slavery Act 2015
A person commits an offence under s4 Modern Slavery Act 2015 if the person commits any offence with the intention of committing an offence under s2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).
This would include false imprisonment, kidnap, harassment, blackmail and a whole range of offences against the person.
Q: What type of offence is s4?
Triable either way.
Liable on indictment to imprisonment for a term not exceeding 10 years.
What if the offence is committed under s4 by kidnap or false imprisonment?
A person is guilty of that offence is liable, on conviction on indictment, to imprisonment for life (s5(3))