Modern Slavery and UK Law

The Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children (also known as the UN Trafficking in Persons Protocol or Palermo Protocol) is ratified by 173 countries and establishes the internationally accepted definition of the crime. Each of those countries has laws against trafficking.

It covers children as well as adults. (This site - CAAGe.org - is about adult grooming, much less publicised and understood.)

In the UK, anyone found guilty of human trafficking is liable as follows:

·         on summary conviction to 12 months' imprisonment and / or an unlimited fine;

·         on conviction on indictment, the maximum sentence is life imprisonment.

Forced marriages are prohibited by several international conventions, including those that prohibit slavery and slavery-like practices, including servile marriage. Human trafficking and forced labour can also happen within the context of a forced marriage.

UK regulations:

For a person to have been a victim of human trafficking there must have been:

·         action (recruitment, transportation, transfer, harbouring or receipt, which can include either domestic or cross-border movement)

·         means (threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability - however, there does not need to be a means used for children as they are not able to give informed consent)

·         purpose of exploitation (for example, sexual exploitation, forced labour or domestic servitude, slavery, removal of organs)

For a person to have been a victim of forced or compulsory labour there must have been:

·         means (being held, either physically or through threat of penalty – for example, threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability. However, there does not need to be a means used for children as they are not able to give informed consent)

·         service (an individual provides a service for benefit - for example, begging, sexual services, manual labour, domestic service)

Involuntary work (compulsory labour) refers to any work taking place without the free and informed consent of the worker.

Consent is, therefore, an important factor: there must be both a lack of free and informed consent and coercion for work to be regarded as forced labour.

For a person to be recognised as a victim of slavery or servitude, the same conditions as for forced or compulsory labour apply. However, a victim may have given consent in a situation where consent is only because there was no apparent alternative to the victim.

UK authorities are aware of the complexity of the situation, and acknowledge that victims may not even view themselves as such, for example the victims:

• Believe that they MUST work against their will;

• Are unable to leave their work or home environment;

• Show signs that their movements are being controlled;

• Feel that they cannot leave;

• Show fear or anxiety;

• Have false identity or travel documents (or none at all);

• Are found in or connected to a type of location likely to be used for exploiting people;

• Are unfamiliar with the local language.

Obviously these things can have perfectly logical explanations, making slavery an incredibly difficult crime to combat.

Note: This information was researched in March 2023 with the intention of providing outline information. It is based on information from reliable sources, but should not be regarded as a substitute for proper legal advice.