Offences Involving Deprivation of Liberty Flashcards
SLAVERY SERVITUDE & FORCED OR COMPULSORY LABOUR
- Prohibitions Against Slavery Servitude & Forced Or Compulsory Labour Under The ECHR;
- The Slavery Servitude & Forced Or Compulsory Labour Offence;
- The Human Trafficking Offence;
- Forfeiture, Detention & Release Of Land Vehicles, Ships And Aircraft;
- Slavery And Trafficking Prevention Orders (STPO’s); and
- Slavery And Trafficking Risk Orders (STRO’s).
Slavery Servitude &
Forced Or Compulsory
Labour
Prohibitions Under The ECHR
Article 4 ECHR - Prohibition 1
Nobody shall be held in either:
* Slavery; or
* Servitude.
Article 4 ECHR - Prohibition 2
Nobody shall be required to perform either:
* Forced labour; or
* Compulsory labour.
What Is Not Forced Or
Compulsory Labour?
Article 4 ECHR
4 exclusions
Exclusion 1
Any work done either:
* In the course of detention; or
* During conditional release of detention.
Exclusion 2
Either:
* Military service; or
* Work extracted from conscientious objectors as an
alternative to military service.
Exclusion 3
Service extracted
in response to a
calamity or emergency
that threatens
the life or well-being
of a community.
Exclusion 4
Any work
that forms part of
normal civic obligations.
3 Factors To Be
Considered When
Determining Whether A
Person Is Held In
Slavery Or Servitude Or
Forced Or Compulsory
Labour?
3 Factors
Regard will be had to:
* All the circumstances;
* Any particular vulnerability of the victim - (e.g. age, disability
etc.
* The work carried out - (i.e. if it was exploitative in nature).
Section 1 Modern
Slavery Act 2015
Offences
2 offences
Offence 1
Step 1
It is an offence if a person holds another person - (the victim)
in either:
* Slavery; or
* Servitude…
step 2
.and the circumstances are such that the person either:
* Knows; or
* Ought to know
.that the other person - (the victim) is held in either:
* Slavery; or
* Servitude.
Offence 2
2 steps
Step 1
It is an offence if a person requires another person - (the
victim) to perform either:
* Forced labour; or
* Compulsory labour…
step 2
.and the circumstances are such that the person either:
* Knows; or
* Ought to know
that the other person - (the victim) is being required to
perform either:
* Forced labour; or
* Compulsory labour.
Is Consent Of The Victim A
Defence?
No
Human Trafficking
Section 2 Modern Slavery Act 2015
Actus Reus
3 steps
Step 1
A person commits an offence if they either:
* Arrange; or
* Facilitate
.the travel of another person - (the victim)..
step 2
.by either:
* Recruiting the victim;
* Transporting or transferring the victim;
* Harbouring or receiving the victim: or
* Transferring or exchanging control Of the victim.
step 3
with a view
to the victim
being exploited.
Mens Rea
2 options
Option 1
They intend to exploit the victim in any part of the
world either:
* During their travel; or
* After the travel.
Option 2
They either:
* Know. or
* Ought to know
that another person is likely to exploit the victim - in any part of
the world either:
* During thetr travel; or
* After the travel.
Offences Committed
By UK Nationals
Section 2(6) Modern Slavery Act 2015
A UK national will commit an offence regardless of:
* Where the arranging or facilitating takes place; or
* Where the travel takes place.
Offences Committed
By Non UK Nationals
Section 2(6) Modern Slavery Act 2015
A Non-UK national will commit an offence if either of the
following factors are satisfied:
* Any part of the arranging or facilitating takes place
in the UK; or
* The travel is either:
* Into the UK;
* From the UK, or
* Within the UK
The Definition Of
Travel
Section 2(5) Modern Slavery Act 2015
3 Categories
* Arriving in or entering a country;
* Departing from a country; or
* Travelling within a country.
What Constitutes
Exploitation?
Section 3 Modern Slavery Act 2015
4 categories
Category 1
Either:
* Slavery;
* Servitude; or
* Forced or compulsory labour.
Category 2
Sexual exploitation
Indecent photographs of children
and
offences under Part 1 SOA 2003 (or its equivalent).
Category 3
Trafficking for either:
* Organ removal; or
* Sale of human tissue
…contrary to the Human Tissue Act 2004 (or its
equivalent).
Category 4
All other types of exploitation where a person is
subject to either:
* Force;
* Threats; or
* Deception…
.designed to induce them to either:
* Provide services of any kind;
* Provide a person with benefits of any kind; or
* Enable another person to acquire benefits of any
kind.
Committing An Offence
With Intent To Commit
A Human Trafficking
Offence
Under Section 2
Section 4 Modern Slavery Act 2015
An offence will be committed by a person who either:
* Commits;
* Aids;
* Abets;
* Counsels; or
* Procures
.any offence — with the intention of committing a
human trafficking offence under section 2 Modern
Slavery Act 2015.
Detention Of Land
Vehicles, Ships And
Aircraft
Section 12 Modern Slavery Act 2015
When Can Action Be Taken?
Following the arrest
of a person
for an offence
of human trafficking.
When Can Action Be Taken?
Following the arrest
of a person
for an offence
of human trafficking.
What Action Can They Take?
They may detain a relevant:
* Land vehicle;
* Ship; or
* Aircraft.
Grounds To Detain?
They have reasonable grounds to believe
that a forfeiture order
under section 11 Modern Slavery Act 2015
could be made
- if the person arrested
were subsequently convicted
of the offence.
Duration Of The
Detention Of The Land
Vehicle Ship Or Aircraft
3 variables
Variable 1
Until
the decision is made
whether to charge
for the offence of human trafficking.
Variable 2
If charged - until the point either:
* They are acquitted; or
* Proceedings are dismissed.
Variable 3
If convicted — until the court decides
whether to order forfeiture
under section 11.
Releasing The Land
Vehicle, Ship Or
Aircraft Pending
Conviction
Who Can It Be Released Back To?
* Its owner;
* The person who had possession under a HP
agreement; or
* The charterer.
Grounds For Releasing It Back?
They supply either a satisfactory:
* Surety; or
* Security
.and agree to make it available to the court if subsequently:
* They are convicted; and
* The court makes a forfeiture order under section 11 .
Forfeiture Of Land
Vehicles, Ships And
Aircraft
Section 11 Modern Slavery Act 2015
Who Does The Forfeiture Order
Apply To?
Persons convicted
of an offence of human trafficking
under section 2 Modern Slavery Act 2015
What Can The Court Order To Be
Forfeited?
A court may order the forfeiture of either:
* Land vehicles;
* Ships; or
* Aircrafts…
.if they were either:
* Used; or
* Intended to be used
..in connection with an offence of human trafficking
under section 2 Modern Slavery Act 2015
Establishing A Link
Between The Convicted
Person And The Land
Vehicle, Ship Or
Aircraft To Be Forfeited
At the time of committing the offence of human
trafficking under section 2 Modern Slavery Act 2015 -
they either:
* Owned it;
* Were the director, secretary or manager of a
company that owned it;
* Were in possession of it under a hire purchase
agreement.
At the time of committing the offence of human
trafficking under section 2 Modern Slavery Act 2015 -
they either:
* Owned it;
* Were the director, secretary or manager of a
company that owned it;
* Were in possession of it under a hire purchase
agreement.
Additional Grounds For
Forfeiture In Relation
To Ships And Aircraft
None Of The Above
Links Apply
At the time of committing the offence of human trafficking
person who either:
* Owned it; or
* Was a director, secretary or manager of a company that
owned it
.either:
* Knew; or
* Ought to have known
.of the intention to use it in the course of the commission of
an offence of human trafficking.
Slavery And Trafficking
Prevention Orders
(STPO’s)
How Can A STPO Be Obtained?
Either:
* On conviction - Section 14 Modern Slavery Act 2015
* On application - Section 15 Modern Slavery Act 2015
Slavery And Trafficking
Prevention Orders
(STPO’s) On Conviction
What Court Can Impose The
STPO?
Either the:
* Magistrates Court;
* Youth Court;
* Crown Court; or
* Court of Appeal
..can impose a ST PO on conviction.
Who Can The Court Impose The
STPO Upon?
The STPO can be imposed upon a person convicted of
an offence of either:
* Slavery; or
* Human trafficking.
Grounds For Imposing The STPO?
2 steps
Step 1
There is a risk
that the defendant
may commit
a slavery or human trafficking
offence
in the future.
step 2
It is necessary to make a STPO for the purpose of protecting:
* Specific persons; or
* Persons in general
…from the risk of:
* Physical harm; or
* Psychological harm
…that would be likely to occur - if the defendant committed such an
offence.
Slavery And Trafficking
Prevention Orders
(STPO’s)
On Application
Who Can Lodge The Application?
An application to the Magistrates Court can be made
by either:
* Chief Officer of Police;
* Immigration Officer; or
* Director General of the NCA
Further Notification Obligations?
If the application was made by either:
* An Immigration Officer; or
* The Director General of the NCA
— they must notify the Chief Officer of Police for the area
where the offender either:
* Resides; or
* Is believed to intend to reside.
Grounds For The Court Making A
SPTO On Application?
Step 1
The defendant
is a relevant offender.
Step 2
Since the defendant became a relevant offender
- they have acted in a way
that demonstrates there is a risk
they will commit an offence of
slavery or human trafficking.
Step 3
It is necessary to make a STPO for the purpose of protecting:
* Specific persons; or
* Persons in general
…from the risk of:
* Physical harm; or
* Psychological harm
…that would be likely to occur - if the defendant committed
such an offence.
Definition Of A Relevant Offender
A person either:
* Convicted;
* Cautioned; or
* Made subject to a finding
.for an offence of either:
* Slavery; or
* Human trafficking
.either:
* In the UK; or
* Outside the UK in respect of an equivalent offence.
Requirements Under
The STPO
Requirement To Provide Details
Where necessary - the court may require the defendant
subject to a STPO - to notify the persons specified in the
order - within 3 days of their:
. Name; and
* Address
.and of any changes thereafter.
Prohibitions Under
The STPO
Nature Of The Prohibition On
Activities Within The STPO?
The court can impose
any prohibitions it deems necessary
- to minimise the risk of the defendant
engaging in
slavery or human trafficking
offences.
Duration Of Prohibitions?
Each prohibition can have a different duration
— but must last
at least 5 years
or
until further order.
Foreign Travel
Restrictions Under A
STPO
A ST PO may restrict a person from travelling either:
* Any specified country outside the UK,
* Any country outside the UK - (if so - must surrender their
passport which is returned at the end of the order); or
* Any country other than those specified
* …for a fixed period - not exceeding 5 years — which can be
renewed.
Changes To STPOs
Who Can Apply To Change An
STPO?
Either:
* Chief Officer of Police;
* Immigration Officer - (if they initially applied); or
* Director General of the NCA - (if they initially applied).
Which Court Will The Application
Be Made To?
To the
court that made the initial order.
Nature Of The Application?
Either:
* Vary the order;
* Discharge the order; or
* Renew the order.
Discharge Of Order Applications
— Consent Required
The court cannot discharge the order within 5 years -
without the consent of both:
* The person subject to the order; and
* The Chief of Police.
INTERIM STPOs
Grounds For Making An Interim
STPO?
An interim STPO can be imposed by the court provided
both:
* A full application for a STPO is pending; and
* It is just (necessary) to do so - to prevent harm in the
interim period.
Duration Of An Interim STPO?
An interim STPO may last either:
* For a specified period; or
* Until the main application has been determined.
Slavery And Trafficking
Risk Orders
(STRO’s)
Section 23 Modern Slavery Act 2015
Applications For
STRO’s
Who Can Lodge An Application
For A STRO?
An application for a STRO - can be made to the
Magistrates Court by either:
* Chief Officer of Police;
* Immigration Officer; or
* Director General of the NCA.
Further Notification Obligations
If the application was made by either.
* An Immigration Officer; or
* The Director General of the NCA
— they must notify the Chief Officer of Police for the area where the
offender either:
* Resides; or
* Is believed to intend to reside.
Grounds For The Court
Making A STRO?
2 steps
Step 1
The defendant
has acted in a way
that demonstrates there is a risk
they will commit an offence of
slavery or human trafficking.
step 2
It is necessary to make a STRO for the purpose of protecting:
* Specific persons; or
* Persons in general
…from the risk of:
* Physical harm; or
* Psychological harm
…that would be likely to occur - if the defendant committed such an
offence.
Key Similarities
To STPO’s
Scope, Content And Duration Of
STRO’s
The:
* Prohibitions;
* Requirements:
* Duration; and
* Variation
.provisions of STRO’s - are identical to STPO’s.
Key Difference
To STPO’s
No Conviction Prerequisite
For STRO’s - there is no requirement
that the defendant has been
previously cautioned or convicted
of a relevant offence
of slavery or human trafficking
- (as is the case for STPO’s).
