Modern Slavery and Human Trafficking

Question 1

What is modern slavery?

Answer 1

An umbrella term that includes human trafficking and slavery, servitude and forced or compulsory labour.

These crimes all involve exploitation.

Slavery is one where one or more persons seem to have ownership over another person(s) and can therefore exploit the victim.

Question 2

What is human trafficking?

Answer 2

When one or more persons arrange for a person to travel for the victim to be exploited there.

Question 3

Under what legislation is slavery prohibited?

Answer 3

Under the European Convention on Human Rights (article 4 of the ECHR).

Question 4

When was slavery, servitude and forced labour first criminalised?

When were these laws consolidated?

Answer 4

in 2010 under s 71 of the Coroners and Justice Act 2009.

The Modern Slavery Act 2015 (MSA) consolidated these offences and explicit addressed human trafficking.

Question 5

Slavery, servitude and forced labour are all offences under what section of the Modern Slavery Act 2015 (MSA)?

Answer 5

s 1.

Question 6

The UK’s strategy to address modern slavery is organised around four ‘Ps’ (HM Government, 2014a). These are:

Answer 6

• Pursue (by prosecuting and disrupting offenders).
• Prevent (individuals from offending)
• Protect (vulnerable people from exploitation and raising awareness and resilience for modern slavery)
• Prepare (by improving victim identification and support)

Question 7

Does age and consent matter with human trafficking?

UK Only?

Answer 7

The victim can be of any age and whether he/she consents to travelling is relevant, and the travelling can be to or from the Uk, or within the UK (s 2 of the MSA)

Question 8

Most of the offences relating to sexual exploitation acan be found in what legislation?

Answer 8

Part 1 of the Sexual Offences Act 2003

s 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children).

s 33A of the Sexual Offences Act 1956, related to the offence of keeping a brothel.

Question 9

What is labour exploitation?

Answer 9

When the victim is forced to work under unacceptable conditions, often in factory work, agriculture, construction, catering and hotels.

It often involves threats or physical harm, restrictions of movement, debt bondage, withholding wages, retention of identity documents, and treating to reveal the illegal status of the worker to the authorities.

Question 10

What is servitude?

Answer 10

Involves providing services through threat or coercion.

For example, domestic servitude is when victims are forced to cook or clean in other people’s homes.

Unlike slavery, servitude does not involve ‘ownership’, but the victim will often have little change of improving or changing his/her conditions.

Question 11

The circumstances under which a person is found can be used to help to determine whether they are being held for the purposes of slavery, servitude and forced labour.

What factors should be considered?

Answer 11

Vulnerability due to age, familial relationship to the offender, or mental and physical illness (s 1(4)(a) of the MSA).

The type of activity and the context are also relevant, e.g the work of provision of services may involve sexual exploitation, removal of organs, threats or deception (MSA s 1(4)(b)).

Question 12

Under s 54A of the MSA, what must commercial organisations operating in the UK with an annual turnover of over £36 million do?

Answer 12

Required to either disclose the steps they have taken to ensure their business does not involve modern slavery (including their supply chain), or to make a statement that they have taken no such action.

Question 13

Any country with a relatively low socio-economic status is likely to be targeted for victims by human traffickers, and women, are more likely to be victimised for what two reasons?

Answer 13

1. They usually have lower wages and greater difficulty in accessing education in their home country.
2. They may be in more demand in the country of destination (e.g female sex workers).

Question 14

How may victims be recruited?

Answer 14

Adverts to work, to abduction, to kidnapping.

Question 15

Initial indicators that a person may have been trafficked include:

Answer 15

Human rights breaches
Threats or actual harm to family members
Deprivation of food, water and sleep
Witholding medical care
Forced to prove sexual acts
Having wages partly or totally withhold
Debt bondage
Working excessive hours
Not having access to identity documents (e.g passport) 
Restricted freedom of movement

Question 16

What does the fact children not being deemed capable of consent mean for those that are transported to do work?

Answer 16

All are victims of trafficking.

There is no need to be any coercion, force, or deception.

Question 17

Initial indicators that a child may have been trafficked include:

Answer 17

No money/ debts to pay/ still have a mobile phone?
Physical abuse
Being sexually active
Having STIs
Unwanted pregnancies
Substance abuse
Contact with adults outside social circle
Homelessness 
Self harming 
Forming online relationships with adults

Question 18

What can police use to trigger the procedures of formal identification and the provision of support for victims of slavery and human trafficking?

Answer 18

The National Referral Mechanism

This will be the UK Human Trafficking Centre (UKHTC) for individuals from the European Economic Area (EEA), and UK Visas and Immigration for non-EEA individuals.

Question 19

What should the first police response be?

Answer 19

The first police officers who come into contact with suspected victims should ensure they are safe and receive medical assistance as required, and inform a supervisor and a senior detective officer of the situation.

An intelligence report should be submitted and the National Referral Mechanism procedures followed.

Question 20

Special consideration for child victims of trafficking.

An officer who suspects that a child may be a trafficking victim has the power to do what?

Answer 20

Remove the child to a safe place (or prevent the childs removal from a safe place) for a maximum of 72 hours ( s 46 of the Children Act 1989)

If there is a risk to life or likelihood of serious harm, the police can apply to a court for an Emergency Protection Order.

The Local Authority children’s social care service and police Child Abuse Investigation Unit should also be notified.

Question 21

To prevent a person from engaging in modern slavery the police can do what?

Answer 21

Apply to a magistrates court for a Slavery and Trafficking Prevention Order (STPO) or a Slavery and Trafficking Risk Order (STRO) under s 2 of the MSA.

Question 22

Preventing a person from engaging in modern slavery

What is a Slavery and Trafficking Prevention Order (STPO)?

Answer 22

An STPO lasts for 5 years and can be imposed following a conviction for a modern slavery offence, or be issued as a stand alone order.

Question 23

Preventing a person from engaging in modern slavery

What is a Slavery and Trafficking Risk Order (STRO)?

Answer 23

The risk of harm posed be an individual must be assessed, and the order can only be issued if there is evidence beyond reasonable doubt of the activity for a risk of harm.

The minimum duration of an STRO is two years.

Question 24

Preventing a person from engaging in modern slavery

What happens when you breach an STPO or and STRO?

Answer 24

It is a criminal offence, punishable with up to 5 years imprisonment.

Question 25

What is the maximum custodial sentence for slavery (including human trafficking)?

Answer 25

12 months if tried as a summary offence, and life imprisonment if tried under indictment (s 5 of the MSA).

Question 26

Types of Slavery:

Forced labour

Answer 26

any work or services which people are forced to do against their will under the threat of some form of punishment, e.g. nail salons, car washes, farm workers, etc.

Question 27

Types of Slavery:

Debt bondage or bonded labour

Answer 27

the world’s most widespread form of slavery, when people borrow money they cannot repay and are required to work to pay off the debt and then lose control over the conditions of both their employment and the debt.

Question 28

Types of Slavery:

Human trafficking

Answer 28

involves transporting, recruiting or harbouring people for the purpose of exploitation, using violence, threats, coercion, or the promise of a different life.

Question 29

Types of Slavery:

Descent-based slavery

Answer 29

where people are born into slavery because their ancestors were captured and enslaved, they remain in slavery by descent.

Question 30

Types of Slavery:

Child slavery

Answer 30

many people often confuse child slavery with child labour, but it is much worse. Whilst child labour is harmful to children and hinders their education and development, child slavery occurs when a child is exploited for someone else’s gain. It can include child trafficking, child soldiers, child marriage and child domestic slavery.

Question 31

Types of Slavery:

Forced and early marriage

Answer 31

when someone is married against their will and cannot leave the marriage. Most child marriages can be considered slavery, but this does not apply only to children of course.

Question 32

Human trafficking is one form of slavery highlighted above. Note that there are several broad categories of exploitation linked to human trafficking, including:

Answer 32

• Sexual exploitation.
• Forced labour.
• Domestic servitude.
• Organ harvesting.
• Crimes such as child sexual exploitation, forced begging, illegal drug cultivation, organised theft, related benefit frauds, etc.
• Forced marriage and illegal adoption (if other constituent elements are present).