Human Trafficking

Question 1

Q: What is the offence of human trafficking?

Answer 1

S2 Modern Slavery Act 2015
(1) A person commits an offence if the person arranges or facilitates the travel of another person (‘V’) with a view to V being exploited.
(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child).
(3) A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
(4) 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 the travel

Question 2

Q: Summary of human trafficking offence

Answer 2

Someone who arranges or facilitates the travel of another for the purpose of their exploitation either intending that exploitation to occur or know or in the circumstances they ought to know that the exploitation of the victim is likely to occur.

Question 3

Q: What type of offence is it?

Answer 3

Triable either way
Life imprisonment on indictment

Question 4

Q: What does ‘travel’ include?

Answer 4

S2(5)
‘Travel’ means-
(a) arriving in, or entering, any country,
(b) departing from any country,
(c) travelling within any country.

Question 5

Q: What happens if the arranging or facilitating takes place abroad?

Answer 5

S2(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.

Question 6

Q: When does a non-UK national commit this offence?

Answer 6

S2(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 7

Q: Summary: UK national and foreigners

Answer 7

If the offender is British, it does not matter where the offence occurs.
Foreign citizens would only be guilty under our law if any part of the behaviour occurs somewhere in the UK.

Question 8

Q: What does ‘exploitation’ mean in this context?

Answer 8

S3 covers meaning of exploitation and covers exploitation of any kind (not just behaviour with a sexual element). It therefore includes slavery, servitude and forced or compulsory labour.

Question 9

Q: Does exploitation include sexual exploitation?

Answer 9

S3(3)
Sets out that exploitation includes sexual exploitation by reference to conduct which would constitute the commission of an offence of taking, or permitting to take, indecent photographs of children or any of the sexual offences provided for in part 1 of the SOA 2003 (these include offences relating to rape, sexual assault, prostitution and child pornography).

Question 10

Q: Does exploitation include exploitation in the context of trafficking for organ removal or for the sale of human tissue?

Answer 10

YES includes offences in Human Tissue Act 2004. Equivalent conduct outside England and Wales is within the definition (s3(4))

Question 11

Q: What other forms of exploitation does it include?

Answer 11

s3(5) states that exploitation also includes all other types of exploitation where a person is subject to force, threats or deception which is designed to induce him/her:
(a) to provide services of any kind;
(b) to provide a person with benefits of any kind; or
(c) to enable another person to acquire benefits of any kind

Question 12

Q: How does s3(6) broaden the type of exploitation described in s3(5) to protect the vulnerable?

Answer 12

It doesn’t matter that the behaviour the victim is forced into is itself criminal. It includes where a person used (or there is an attempt to use the person) to do something for such a purpose, having been chosen on the grounds that he/she is a child, is ill, disabled or related to a person, in circumstances where a person without the illness, disability or family relationship would be likely to refused to do what was required of them.
This is about protecting the vulnerable/those less able to defend themselves.

Question 13

Q: When does a person commit an offence with intent to commit an offence under s2?

Answer 13

S4 Modern Slavery Act 2015
A person commits an offence under s4 Modern Slavery Act 2015 if the person commits any offence with the intention of committing an offence under s2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).
This would include false imprisonment, kidnap, harassment, blackmail and a whole range of offences against the person.

Question 14

Q: What type of offence is s4?

Answer 14

Triable either way.
Liable on indictment to imprisonment for a term not exceeding 10 years.

Question 15

What if the offence is committed under s4 by kidnap or false imprisonment?

Answer 15

A person is guilty of that offence is liable, on conviction on indictment, to imprisonment for life (s5(3))

Question 16

Q: What police powers does the Modern Slavery Act 2015 give police?

Answer 16

MS Act 2015 provides powers to courts to order the forfeiture of vehicles involved in offences under s2 of the Act. The Act provides powers to the police and immigration service to detain vehicles connected to offences under s 2 of the Act.

Question 17

Q: When does s11 of the 2015 Act apply? What does it allow the court to do?

Answer 17

(1) This section applies if a person is convicted on indictment of an offence under s2.
(2) The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person—
(a) owned the vehicle at the time the offence was committed,
(b) was at that time a director, secretary or manager of a company which owned the vehicle,
(c) was at that time in possession of the vehicle under a hire-purchase agreement,
(d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or
(e) was driving the vehicle in the course of the commission of the offence.

Question 18

Q: What other modes of transport can the police detain?

Answer 18

MS Act 2015 provides powers to courts to order the forfeiture of vehicles involved in offences under s2 of the Act. The Act provides powers to the police and immigration service to detain vehicles connected to offences under s 2 of the Act.

Question 19

Q: What section gives detention powers to police officers?

Answer 19

S12 gives detention powers in respect of land vehicles, ships and aircrafts.
The powers kick in when the person has been arrested for a s2 offence, where a constable or senior immigration officer reasonably believes that a forfeiture could be made under section 11 if the person were convicted of the offence.

Question 20

Q: When can the land vehicle, ship or aircraft be detained until?

Answer 20

S12(3) The land vehicle, ship or aircraft may be detained—
(a) until a decision is taken as to whether or not to charge P with the offence,
(b) if P has been charged, until P is acquitted, the charge against P is dismissed or the proceedings are discontinued, or
(c) if P has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

Question 21

Q: Does the Act provide for civil orders? What do they enable?

Answer 21

The Act also provides for civil orders. They enable prohibitions to be placed by the courts on those convicted of offences under the Act or involved in Slavery or Trafficking, but not yet actually convicted.

Question 22

Q: What are Slavery and Trafficking Prevention Orders?

Answer 22

These Slavery and Trafficking Prevention Orders can be made either on conviction by the sentencing court or where an application is made to a magistrate’s court by a chief officer of police, immigration officer or director general of the NCA.

Question 23

Q: What does the court need to be satisfied of to make an order?

Answer 23

For an order to be made, the court must be satisfied that:
- D is a ‘relevant offender’
- that D has acted in a way that demonstrates there is a risk that he may commit a slavery or trafficking offence in the future
- that it is necessary to make a prevention order for the purpose of protecting persons generally or protecting particular persons from physical or psychological harm that would be likely to occur if D did go on to commit such an offence.

Question 24

Q: What does ‘relevant offender’ include?

Answer 24

‘Relevant offender’ includes:
- person convicted, made the subject of a finding or cautioned for a slavery or trafficking offence in any part of the UK and also those convicted or cautioned for equivalent offences elsewhere.

Question 25

Q: What can a prevention order prohibit the subject from doing?

Answer 25

The prevention order can prohibit the subject from doing anything specified in the order, provided that the prohibition is considered necessary for the protection of the potential victims.

Question 26

Q: How long may an order last for?

Answer 26

An order may last for a fixed period of at least 5 years or until further order.
Individual prohibitions within the order may be subject to different durations- the terms of each order will be specific to the particular case being dealt with by the court.

Question 27

Q: What happens if someone breaches an order?

Answer 27

It is an offence carrying a maximum of 5 years to do anything that is prohibited by the order, without reasonable excuse.