Offences Involving the Deprivation of Liberty

Question 1

Offence of False Imprisonment

Answer 1

Common Law

It is an offence at common law falsely to imprison another person.

Unlawful and intentional OR reckless restraint of a persons freedom of movement. Only needs to be momentarily and can be committed anywhere.

Penalty:
- Indictment– Unlimited Maximum Penalty

Question 2

Offence of Kidnapping

Answer 2

Common Law

It is an offence at common law to take or carry away another person by force (including threat of) or fraud, without the consent of that person and without lawful excuse.

Taking or carrying away does not need to be of a significant distance and consent can be removed at any time.

Penalty:
- Indictment– Unlimited Maximum Penalty

Question 3

What does modern slavery include?

Answer 3

Sexual exploitation

Forced criminality and begging

Labour exploitation

Domestic servitude

Organ or tissue harvesting

Question 4

Offence of Slavery, Servitude and Forced or Compulsory Labour

Answer 4

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.

Penalty:

• Summarily– 6 months and/or fine
• Indictment– Life imprisonment

Question 5

What does the European Convention on Human rights state with regards to forced or compulsory labour?

Answer 5

Article 4 states:

1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.

Question 6

Does 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 make a difference to the offence committed?

Answer 6

s1(5) Modern Slavery Act 2015

No it does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

Question 7

Offence of Human Trafficking

Answer 7

s2 Modern Slavery Act 2015

Arranges or facilitates the travel in any part of the world of another person with a view to them being exploited (doesn’t need to be criminal).
Consent is irrelevant.

• A UK National commits this regardless of where the arranging or facilitating takes place.
• A non-UK National commits this if any arranging or facilitating takes place in the UK or travel consists of arrival, departure or travel in the UK

Penalty:

• Summarily– 6 months and/or fine
• Indictment– Life imprisonment

Question 8

Offence of Human Trafficking

Difference between UK National and Non-UK National?

Answer 8

s2 Modern Slavery Act 2015

(6) A person who is a UK national commits an offence under this section regardless of—
(a) Where the arranging or facilitating takes place, or
(b) Where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—
(a) Any part of the arranging or facilitating takes place in the United Kingdom, or
(b) The travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

Question 9

Committing offence with intent to commit offence under s2 (Human Trafficking)

Answer 9

s4 Modern Slavery Act 2015

A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years and/ or fine (if kidnap/ false imprisonment = life).

Question 10

Forfeiture of Land Vehicle, Ship or Aircraft

Answer 10

s11 Modern Slavery Act 2015

This is connected to Human Trafficking and basically allows the power for police and immigration to order the forfeiture of vehicles connected to the offence.

Question 11

Detention of Land Vehicle, Ship or Aircraft

Answer 11

s12 Modern Slavery Act 2015

Similar to s11 but detention on the arrest of someone for Human Trafficking. Constable can detain if they have reasonable grounds to believe that on conviction a forfeiture could be made under s11.

Question 12

Preventing a person from engaging in modern slavery

What is a STPO?

Answer 12

A slavery and trafficking prevention orders (STPO) lasts for 5 years and can be imposed following a conviction of a slavery or human trafficking offence, or issued as a stand alone order.

Question 13

STPO on Sentencing

STPO on Application

Answer 13

s14: Provides for STPO on conviction, it enables a court to impose it based upon the risk that the defendant may commit a further similar offence.
s15: Provides an STPO in cases other than on conviction. This can be made to a magistrates court by a chief officer of police, an immigration officer or the Director General of the National Crime Agency (NCA). Must be satisfied relevant offender acted in a way that demonstrates risk of offence an STPO is necessary.

Question 14

Effect of slavery and trafficking prevention orders

Answer 14

s17 Modern Slavery Act 2015

(1) A slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order.

The nature of which is a matter for the court to determine, e.g prohibitions on foreign travel (s18).

Question 15

Section 19 provides that a defendant subject to a STPO may be required by the court to do what?

Answer 15

Provide name and address within 3 days.

Question 16

Where does it state a person, in respect of whom a STPO has been made or the police/ NCA/ immigration officer who made the order, can apply to the court to vary, renew or discharge the order?

Answer 16

s20 Modern Slavery Act 2015

An order may not be discharged within 5 years of it being made without the consent of the person concerned and the relevant chief officer of police.

Question 17

Where provides for an interim STPO to be made where an application has been made under s15 (STPO on Application)?

Answer 17

s21 Modern Slavery Act 2015

Provided the courts find it just to do so in the meantime, in order to protect a person from immediate harm pending the full determination of the application.

Question 18

Can a person appeal against an STPO on conviction?

Answer 18

Yes, in the same manner as an appeal against sentence.

Section 22(4) sets out the powers of the Crown Court when determining an appeal. It will be open to the court to revoke the order or to amend its provision.

Question 19

Preventing a person from engaging in modern slavery

What is an STRO?

Answer 19

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.

There is no requirement for the person to have been previously convicted/ cautioned in relation to a criminal offence (s23(2)).

The minimum duration of an STRO is two years.

Question 20

Preventing a person from engaging in modern slavery

Where enables an STRO to be made?

Answer 20

Section 23 of the Modern Slavery Act 2015 enables a magistrates’ court to make a Slavery and Trafficking Risk Order (STRO) on an application by a chief officer of police, an immigration officer or the Director General of the National Crime Agency (NCA).

On application must notify chief officer of police of area where the offender resides or believed to intend to reside (s23(6)).

Question 21

What happens when you breach an STPO or and STRO?

Answer 21

s30 Modern Slavery Act 2015

Penalty:

• Summarily– 6 months and/or fine
• Indictment– Life imprisonment

Question 22

Question: Mo catches Jason, in his house. Jason is holding Mo’s TV in his hands and it is clear he is trying to steal it. Mo corners him and cable ties Jason’s hands before calling the Police. Jason understands the law and on Police arrival states that Mo should be arrested for False Imprisonment.

Is Jason correct?

Answer 22

• No, Mo is not guilty of False Imprisonment.
• R v Shwan Faraj 2007 outlined that there is no reason that a homeowner should not be allowed to protect their property as long as they held a genuine belief that the person was a burglar. They would however need to do it in a way that was deemed reasonable.

Question 23

Question: What are the four points to prove for an offence of kidnapping; A person is guilty of kidnapping if…

Answer 23

1. He takes or carries away another person.
2. By force or by fraud.
3. Without the consent of the person taken or carried away.
4. And without lawful excuse.

Question 24

How far does a kidnap have to go to suffice?

Answer 24

ANY distance

Question 25

Can a kidnapping be remote?

Answer 25

NO – the kidnapper must ‘accompany’ the victim.

Question 26

The offence of kidnap includes the words ‘takes or carries away another.’ Where does this apply?

Answer 26

The offence is committed when the person is taken to, from or within England and Wales.

Question 27

False imprisonment talks about falsely imprisoning. What does ‘falsely’ mean in this context?

Answer 27

This means unlawfully, or without lawful excuse.