Modern Slavery Act, deprivation of libery Flashcards
S. 1 Modern slavery Act 2015
Two offences – under s1
Offence 1
A person holds another person in slavery or servitude and the circumstances are such that the person either knows or ought to know that the person is held in slavery or servitude.
Offence 2
A person requires another person to perform either forced labour or compulsory labour and the circumstances are such that the person either knows or ought to know that the person is being required to perform forced/compulsory labour.
Consent of the victim is not a defence
Human trafficking
S.2 Modern Slavery Act 2015
Actus reus: A person arranges or facilitates travel of another person by recruiting/transporting/transferring/harbouring/receiving or transferring/exchanging control of the person; with a view to the victim being exploited.
Mens rea: they intend to exploit the victim in any part of the world either during travel or after. OR they know or ought to know that another person is likely to exploit the victim in any part of the world either during travel or after.
Travel = arriving in or departing from a country or travelling within a country
The actual exploitation does not need to occur for the offence to be complete (e.g. victim was rescued before this could happen).
A UK national will commit an offence regardless of where the travel/arranging or facilitation takes place in the world. A non-UK national will commit an offence if either of these conditions apply:
1. Any part of the arranging/facilitating takes place in the UK; or
2. Travel is into the UK, from the UK or within the UK
Slavery and Trafficking Prevention Orders (STPO’s)
When can they be imposed?
What are the necessity criteria?
Who can apply to the court for an STPO?
How long is it imposed for?
An STPO can be imposed after someone has been:
- Convicted
- Cautioned; or
- Made subject to the finding of a human trafficking or slavery offence in the UK or outside the UK (equivalent offence).
Applies to cautions, convictions outside the UK too.
To grant an STPO the court must be satisfied that:
1. there is a risk that the defendant may commit a slavery or human trafficking offence in the future; AND
2. an STPO is necessary to protect people (specific or general) from the risk of physical or psychological harm that would be likely to occur if the defendant committed such an offence.
Who can apply to the court for an STPO? - Chief officer of police, immigration officer, director general of NCA.
Imposed for at least 5 years
Slavery and Trafficking Risk Orders (STRO’s)
In many ways very similar to STPO’s. The key difference is that no conviction is required for an STRO.
To grant an STPO the magistrates court must be satisfied that:
1. the defendant acted in a way which demonstrates there is a risk of further slavery/trafficking offences; and
2. an STRO is necessary to protect people (specific or general) from the risk of physical or psychological harm that would be likely to occur if the defendant committed such an offence.
False imprisonment
Common law offence
A person unlawfully restrains another person’s freedom of movement either intending to do so or being subjectively reckless that they are doing so.
Subjective recklessness - foresee the risk, and go on to take the risk
Duration? - can be a short period, not specified in law
Nature of the restraint can be physical or psychological (e.g a person pretending to be a police officer who orders a person to remain at a location)
Householders - can legitimately restrain the movement of a suspected burglar that they apprehend if they honestly believe it is necessary to do so and means used are reasonable
Kidnapping
Common law offence
It is an offence to take or carry away another person without the consent of the other person or lawful excuse; intending to do so or being subjectively reckless in doing so.
Take/carry away: a short distance will suffice
Without consent: physical or psychological pressure or threats of force or fraud (deception, e.g. someone pretending to be a taxi driver. This is what happened in R v Cort [2003] 3 WLR 1300. Cort told females waiting by a bus stop that the bus had broken down and offered them a lift. As soon as he told them the lie and the woman started walking towards him the kidnap offence is complete)
If the victim initially consents, they can withdraw this consent at any time and if the perpetrator continues to take or carry them away he/she is guilty of an offence.
R v Hendy-Freegard [2007] EWCA Crim 1236 - the defendant must accompany the victim when they are taken or carried away
Authority to prosecute? - generally no authority required except for in 2 situations. Permission from Director of Public Prosecutions (DPP) is needed when:
- victim is under 16; or
- prosecution is against a parent or guardian
When an STPO or STRO is breached…
Breach of STPO or STRO = offence under s.30 MSA 2015
