Serious Crime and Other Offences - Deprivation of Liberty

Question 1

False Imprisonment

Answer 1

• unlawful and intentional/ reckless restraint of a person’s freedom of movement
• locking someone in a vehicle or keeping them in a particular place for however short a time may amount to false imprisonment if done unlawfully
• an unlawful arrest may amount to such an offence
• R v Shwan Faraji - a householder can detain someone in their house who they genuinely believe to be a burglar - he would be acting in defence of his property in doing so - but must honestly believe they needed to detain the suspect and must do so reasonably

Question 2

Kidnapping

Answer 2

• unlawful taking or carrying away of one person by another by force or fraud - deprivation of liberty
• force includes the threat of force
• can count for parents if they are acting in breach of a court order in respect of their children
• taking or carrying away need not involve great distances (just a few yards/ metres will suffice)
• must be without the victim’s consent (if victim consents to an initial taking but later withdraws that consent, the offence would be complete)
• if the consent is obtained by fraud, the defendant cannot rely on the consent and the offence will be complete
• causing a person to move from place to place when unaccompanied by the defendant would not constitute taking or carrying away

Question 3

Slavery, Servitude and Forced or Compulsory Labour Modern Slavery Act 2015 S.1

Answer 3

• the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the person is held in slavery/ servitude OR
• 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
• includes begging or pick-pocketing which would amount to exploitation

Question 4

Human Trafficking Modern Slavery Act 2015 S.2

Answer 4

• a person arranges or facilitates the travel of another person (V) with a view to V being exploited
• irrelevant whether V consents to the travel (whether adult or child)
• a person may arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V
• a person arranges or facilitates V’s travel with a view to V being exploited only if
  a) the person intends to exploit V in any part of the world during or after the travel or
  b) the person knows or ought to know that another person is likely to exploit V in any part of the world during or after travel

Travel means - arriving in or entering any county, departing from any country, travelling within any country

A person who is a UK national commits this offence regardless of where the arranging or facilitating takes place or where the travel takes place

A person who is not a UK national commits this offence if any part of the arranging or facilitating takes place in the UK or the travel consists of arrival in or entry into, departure from or travel within the UK

Question 5

What is the meaning of exploitation in trafficking?

Answer 5

• slavery
• servitude
• forced or compulsory labour
• sexual exploitation ( taking, permitting to take, indecent photographs of children or any other sexual offences including rape, sexual assault, prostitution and child pornography)
• organ removal or the sale of human tissue
• all other exploitation where V is subject to force, threats or deception designed to induce them to provide services of any kind, provide a person with benefits of any kind, enable another person to acquire benefits of any kind
• will include begging or shop theft
• not necessary for the conduct to be a criminal offence
• includes where a person is used or attempted to be used, having been chosen because they are a child, ill, disabled, related to the suspect where it is likely they would be unable to refuse because of this factor

Question 6

Detention of Land, Vehicle, Ship or Aircraft - Modern Slavery At 2015 S.12

Answer 6

• If a person is arrested under s.2, a constable or senior immigration officer (not below chief immigration officer) may detain a relevant land vehicle, ship or aircraft if they have RGB that an order for its forfeiture could be made under s.11 if the suspect was convicted
• it may be detained until a decision it made as to whether or not they will be charged, if they have been charged or until they are acquitted, the charge is dismissed or the proceedings are discontinued or if they have been charged/ convicted until the court decides whether or not to order forfeiture
• Another person may apply to the court for the release on the grounds that the person owns it, was immediately before the detention of the it, in possession of it under a hire-purchase agreement or is a charterer of the ship/ aircraft
• the court can release it if an application is made and they are satisfied it would be made available if the suspect is convicted/ if an order for forfeiture may be made