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NIE Volume 2 > Offences Involving Deprivation of Liberty > Flashcards

Offences Involving Deprivation of Liberty Flashcards

1
Q

SLAVERY SERVITUDE & FORCED OR COMPULSORY LABOUR

A
  • 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).
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2
Q

Slavery Servitude &
Forced Or Compulsory
Labour
Prohibitions Under The ECHR

A

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.

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3
Q

What Is Not Forced Or
Compulsory Labour?
Article 4 ECHR
4 exclusions

A

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.

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4
Q

3 Factors To Be
Considered When
Determining Whether A
Person Is Held In
Slavery Or Servitude Or
Forced Or Compulsory
Labour?

A

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).

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5
Q

Section 1 Modern
Slavery Act 2015
Offences
2 offences

A

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

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6
Q

Human Trafficking
Section 2 Modern Slavery Act 2015

Actus Reus
3 steps

A

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.

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7
Q

Mens Rea
2 options

A

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.

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8
Q

Offences Committed
By UK Nationals
Section 2(6) Modern Slavery Act 2015

A

A UK national will commit an offence regardless of:
* Where the arranging or facilitating takes place; or
* Where the travel takes place.

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9
Q

Offences Committed
By Non UK Nationals
Section 2(6) Modern Slavery Act 2015

A

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

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10
Q

The Definition Of
Travel
Section 2(5) Modern Slavery Act 2015

A

3 Categories
* Arriving in or entering a country;
* Departing from a country; or
* Travelling within a country.

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11
Q

What Constitutes
Exploitation?
Section 3 Modern Slavery Act 2015
4 categories

A

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.

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12
Q

Committing An Offence
With Intent To Commit
A Human Trafficking
Offence
Under Section 2
Section 4 Modern Slavery Act 2015

A

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.

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13
Q

Detention Of Land
Vehicles, Ships And
Aircraft
Section 12 Modern Slavery Act 2015

A

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.

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14
Q

Duration Of The
Detention Of The Land
Vehicle Ship Or Aircraft
3 variables

A

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.

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15
Q

Releasing The Land
Vehicle, Ship Or
Aircraft Pending
Conviction

A

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 .

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16
Q

Forfeiture Of Land
Vehicles, Ships And
Aircraft
Section 11 Modern Slavery Act 2015

A

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

17
Q

Establishing A Link
Between The Convicted
Person And The Land
Vehicle, Ship Or
Aircraft To Be Forfeited

A

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.

18
Q

Additional Grounds For
Forfeiture In Relation
To Ships And Aircraft
None Of The Above
Links Apply

A

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.

19
Q

Slavery And Trafficking
Prevention Orders
(STPO’s)

A

How Can A STPO Be Obtained?
Either:
* On conviction - Section 14 Modern Slavery Act 2015
* On application - Section 15 Modern Slavery Act 2015

20
Q

Slavery And Trafficking
Prevention Orders
(STPO’s) On Conviction

A

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.

21
Q

Grounds For Imposing The STPO?
2 steps

A

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.

22
Q

Slavery And Trafficking
Prevention Orders
(STPO’s)
On Application

A

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.

23
Q

Grounds For The Court Making A
SPTO On Application?

A

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.

24
Q

Requirements Under
The STPO

A

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.

25
Q

Prohibitions Under
The STPO

A

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.

26
Q

Foreign Travel
Restrictions Under A
STPO

A

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.

27
Q

Changes To STPOs

A

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.

28
Q

INTERIM STPOs

A

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.

29
Q

Slavery And Trafficking
Risk Orders
(STRO’s)
Section 23 Modern Slavery Act 2015

Applications For
STRO’s

A

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.

30
Q

Grounds For The Court
Making A STRO?
2 steps

A

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.

31
Q

Key Similarities
To STPO’s

A

Scope, Content And Duration Of
STRO’s
The:
* Prohibitions;
* Requirements:
* Duration; and
* Variation
.provisions of STRO’s - are identical to STPO’s.

32
Q

Key Difference
To STPO’s

A

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).

NIE Volume 2 (29 decks)

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