Modern Slavery Flashcards
Q: What offences does the Modern Slavery Act 2015 create?
Consists of 7 parts
Part 1 provides for offences of slavery and human trafficking. Modern slavery includes sexual exploitation, forced criminality and begging, labour exploitation, domestic servitude and organ or tissue harvesting.
Part 2 provides for two civil preventative orders, the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order
Q: What is the offence of slavery, servitude and forced or compulsory labour?
S1 Modern Slavery Act 2015
(1) A person commits an offence if-
(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
Q: What type of offence is it?
Triable either way.
Carries maximum sentence of life imprisonment when tried on indictment.
Q: What are the two different forms of the s1 offence?
1: s1(1)(a)- concerns slavery or servitude
2: s1(1)(b)- concerns forced or compulsory labour
Q: What is the MR for both 1a and 1b?
That the person knows or ought to know that the victim is being so held.
Q: What is the meaning of slavery, servitude and forced or compulsory labour?
Not defined- but they are to be interpreted in line with A4 ECHR and case law thereunder.
Q: What does A4 ECHR state?
1: No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
Q: What does A4 ECHR clarify in terms of ‘forced or compulsory labour’?
3: For the purpose of this Article the term ‘forced or compulsory labour’ shall not include:
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
(b) any service of a military character or alternative civic national service character
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations
Q: When is a person considered to be a ‘slave’?
For slavery to exist, the victim must be unable to change their status.
Q: What must be considered when determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour?
Must consider all circumstances (s1(3))
Not necessary to prove that V was subject to actual physical force or was physically detained or imprisoned for the offence to be committed. More subtle or psychological coercive means may be used to affect control including:
- confiscation of identity and travel documents
- keeping V in isolation so they become dependent.
Q: What does CPS guidance add to this?
An element of coercion or deception is essential and gives examples of the types of behaviour that would evidence the committing of an offence:
- violence or threats of violence by employer
- threats against the worker’s family
- threats to expose the worker to the authorities eg: because of workers immigration status.
- The persons document’s being withheld by the employer
- Restriction of movement
- Debt bondage (perhaps as a result of cheap accommodation that is charged to the worker at a higher rate)
- Withholding of wages
Q: What other factors may indicate forced labour or exploitation?
- Worker being given no info or false info about the law/employment rights
- Excessive working hours being imposed by the employer
- Hazardous working conditions being imposed by the employer
- Unwarranted and unexplained deductions from wages
- Employer not paying full NI or tax contributions for the worker
- Absence of any formal contract of employment
- Poor accommodation provided by the employer
- Misleading info being given about the nature of the employment
- Worker being isolated/prevented from having contact with others
- Money being exchanged with other employers or traffickers for the workers services, in a way which has not been agreed with the worker or is not reflected in his renumeration
Q: What do sections 1(3) and(4) of the Act add?
They advise that regard must be had to all circumstances when determining whether people are subject to slavery, servitude, forced or compulsory labour.
This can include a persons personal circumstances (such as the person being a child under the age of 18, the person’s family relationships and any mental or physical illness) which may make the person more vulnerable than other persons.
Q: What does section 1(5) add?
s1(5) states that the consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not prevent a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour
