Modern Slavery and Human Trafficking Flashcards
What is modern slavery?
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.
What is human trafficking?
When one or more persons arrange for a person to travel for the victim to be exploited there.
Under what legislation is slavery prohibited?
Under the European Convention on Human Rights (article 4 of the ECHR).
When was slavery, servitude and forced labour first criminalised?
When were these laws consolidated?
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.
Slavery, servitude and forced labour are all offences under what section of the Modern Slavery Act 2015 (MSA)?
s 1.
The UK’s strategy to address modern slavery is organised around four ‘Ps’ (HM Government, 2014a). These are:
- 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)
Does age and consent matter with human trafficking?
UK Only?
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)
Most of the offences relating to sexual exploitation acan be found in what legislation?
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.
What is labour exploitation?
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.
What is servitude?
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.
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?
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)).
Under s 54A of the MSA, what must commercial organisations operating in the UK with an annual turnover of over £36 million do?
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.
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?
- They usually have lower wages and greater difficulty in accessing education in their home country.
- They may be in more demand in the country of destination (e.g female sex workers).
How may victims be recruited?
Adverts to work, to abduction, to kidnapping.
Initial indicators that a person may have been trafficked include:
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
What does the fact children not being deemed capable of consent mean for those that are transported to do work?
All are victims of trafficking.
There is no need to be any coercion, force, or deception.
Initial indicators that a child may have been trafficked include:
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
What can police use to trigger the procedures of formal identification and the provision of support for victims of slavery and human trafficking?
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.
What should the first police response be?
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.
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?
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.
To prevent a person from engaging in modern slavery the police can do what?
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.
Preventing a person from engaging in modern slavery
What is a Slavery and Trafficking Prevention Order (STPO)?
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.
Preventing a person from engaging in modern slavery
What is a Slavery and Trafficking Risk Order (STRO)?
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.
Preventing a person from engaging in modern slavery
What happens when you breach an STPO or and STRO?
It is a criminal offence, punishable with up to 5 years imprisonment.
